Legal News

Revision is Expected on Minimum Wage

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2015 General Elections of Turkey is over now and it is time for the winning party to carry out its promises and commitments, the most important of which monthly net minimum wage is to be 1.300 TL starting from January 2016.

According to TUİK, Turkey Statistical Agency, about 5 million people are employed on minimum wage base. And %30 percent raise will have a big effect both on employees and employers and also on the other employees’ salaries which are mostly determined on comparison with minimum wage.

Administrative Leave On Friday 30th

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As per the Circular 22nd October 2015 issued by Personnel and Principles General Directorate of Prime Ministry, public employees in state institutions and organizations will be deemed on administrative leave on Friday 30th October 2015 which is subsequent to Republic Day.

Consequently, public employees will have 4,5 days holiday uninterruptedly between 28th and 1st November and many of the public agencies including SSI departments and tax offices will be closed.

It should be noted that the said administrative leave does not include the private sector employees who have 1,5 days of leave for 29th October Republic Day (starts from 28th October, 13.00 o’clock and continues during 29th October), therefore private sector establishments have no obligation to close on 30th October and there will be no additional pay for their employees worked on Friday 30th.

Turkey Daylight Saving Time Extended

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meal allowance and benefits in the month of ramadan

Due to general elections on November 1, Daylight Saving Time (DST, also called summer time) is extended until Sunday, November 8, by a Council Of Ministers Decision. The situation can also be interpreted as two weeks delay on the ending of DST for 2015.

In normal conditions Turkey is synchronized with European countries as regard to DST change which has been applied on October 25 for this year.

However, aiming at enough daylight and safer conditions for polling stations, Council Of Ministers decided that Daylight Saving Time will be ended two weeks later than normal this year and clocks will be set back one hour from 4:00 to 3:00 local time on Sunday, November 8, 2015, instead of on October 25, 2015.

Meal Allowance and Benefits in the Month of Ramadan

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meal allowance and benefits in the month of ramadanAs Ramadan (18th June  2015 – 16 th July 2015), the month of fasting for Muslims is approaching,  we would like to touch briefly on the subject of allowances and benefits, whether cash or in kind, provided for fasting employees during this special month.  

Though not all of the employees are fasting, many companies close their dining halls in their premises and prefer to provide meal cash allowance, or basic food items (such as milk, yogurt, oil, flour, sugar, macaroni, cheese, tomato sauce) for fasting employees, and meal vouchers, checks or tickets for non-fasting to have lunch out of the premises. However these allowances, cash or in kind are deemed as a part of the wage, we had better to examine them with respect to income tax and social security premium liability.

First to keep in mind, as per the Turkish Constitution and Article 5 of Labor Law there can be no discrimination amongst people or employees based on religion and sect etc. So the below regulations will apply in a way not causing any inequality between fasting and non-fasting employees.

New Types of Parental Leave in Turkish Labor Law

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new types of parental levae in turkish labor lawStandards of labor legislation in Turkey, a candidate country for EU membership, has been taken a step further to approach the legal norms that regulates the employees' rights in European countries, by the enactment of Law No. 6645 adopted in Parliament and published in the Official Journal, dated 23rd April 2015.

One of the notable change brought by the said Law is the new types of paid leave - leave of absence with pay, or paid time off work - introduced into Labor Law No. 4857. New concepts of leave concerning working parents are as follows;
Adoption Leave; in case of adoption of a child the adoptive employee is entitled to three days of paid time off work;
Paternity leave: employee whose spouse has given birth is entitled to five days leave of absence with pay;
Shared Parental Leave for disabled child; employed parents whose child has at least seventy percent disability or chronic disease based on medical report, shall be allowed to take up to 10 days of paid time off work in a year for attending the treatment of the child; on condition that leave may be taken only one of the parents and without interruption or with segments.

Amendment on Permanent Work Permits

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amendment-on-permanent-work-permitsAs is known there are various types of working permissions set out in  Law on the Work Permit for Foreigners, No. 4817. One of them is working permission for an indefinite period of time, and that may also be called "permanent work permit".

Law No. 4817, Article 6 which is titled "Working permission for an indefinite period of time" and stipulates the requirements for entitlement of permanent work permit is amended by Article 22 of Act No. 6552, Law on Amending the Labor Act and Some Laws and Statutory Decrees and Restructuring Some Receivables, also known as Bag Law. New wording of said Article 6 after amendment is as follows:

Half Time Working Pay after Childbirth for Working Mothers

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kadin-calisanlara-dogum-sonrasi-yarim-calisma-odenegi-verilecekDraft on Amending  Some Laws and Statutory Decrees For Protection of  Family and Dynamic Structure of Population is submitted to Presidency of TBMM (Grand National Assembly Of Turkey).

Many changes are expected in working life by the enactment of the above mentioned draft. New additional benefits will be granted to mother employees enabling them work half time up to a certain period after the expire of their paid maternity leave. And they will be compensated for the lost half rate by receiving half time pay  from the Unemployment Insurance Fund. Insurance premiums and wages corresponding to hours worked will be paid by employer and insurance premiums and wages (the amount of %80 percent of daily gross minimum wage for per day) corresponding to hours not worked will be paid by the Fund.

Revisions on the Work Permits for Foreigners

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yabancilarin-calisma-izinlerinde-degisiklikAs is known, detailed regulations on the work of foreigners in Turkey are included in Application Regulations of Law On The Work Permit For Foreigners which is published in the Official Gazette no. 25214 dated 29/8/2003.

The amendments made to Article 55 of Application Regulations of Law On The Work Permit For Foreigners which is published in the Official Gazette  no. 25214  dated 29/8/2003 are as follows;

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