Those who do not comply with the legal regulations are subject to administrative fines. The monetary fines are determined every year based on the minimum wage. Upon declaration of the minimum wage for 2021 as 3.577.50 TL, administrative fines on businesses that do not comply with the provisions of the Labor Law No.4857 are updated as follows:
4857 Labor Law | Subject | Penal Sanction Code | Act Requiring Penalty | Penalty Fee |
3 | Obligation to notify the workplace | 98 | Separately to the principal employer and sub-employer or their representatives who notify the workplace in the second paragraph of the article with a pretense (whose notification about the sub-employer is falsified). | 34.809 TL |
5 | Equal Treatment Principle | 99/1 -a | For every worker whom the employer does not treat equally. | 292 TL |
7 | Temporary Work Relationship | 99/1 -b | For every worker whom the employer violates the provisions of temporary employment. | 488 TL |
8 | Mandatory document to be given to the employee in the absence of an Employment Agreement | 99/1 -c | For every worker who is not given a document regarding the working conditions. | 292 TL |
14 | Remote work or on-call work | 99/1 -c | For every worker whose employer does not comply with the provisions of the on-call procedure. | 292 TL |
28 | Certificate of Employment | 99/1 -d | For every worker who has not been given a certificate of employment even though s/he has left the job or who has incorrect information written on the certificate of employment given. | 292 TL |
7/f | Temporary Work Relationship – Unforeseen Increase in Production | 99/2. fıkra | To the employer or employer’s representative who employs temporary workers against the stipulated principles and obligations – for each worker. | 1.958 TL |
29 | Mass layoff | 100 | For the employer who dismissed workers by acting against the provisions of collective dismissal, for each dismissed worker. | 1.145 TL |
30 | Obligation to Employ Disabled and Former Convicts | 101 | Although the employer is obliged to employ a disabled worker, for each disabled worker he / she does not employ and for each month. | 4.345 TL |
32 | Non-payment of wage | 102/a | For each employee whose wage is not paid in case of deliberate failure to pay or underpayment of the wage arising from the collective labor agreement or the labor agreement – for each month. | 315 TL |
39 | Minimum Wage | 102/a | Failure to pay the minimum wage and other wages, premiums, bonuses and all kinds of remuneration in full that are required -and it is not deposited in a specially opened bank account-. | 315 TL |
37 | Payroll | 102/b | Not to process payroll | 1.145 TL |
38 | Wage cut | 102/b | Wage cut implemented against the labor law. | 1.145 TL |
52 | Documentation of percentages | 102/b | In the workplaces where the percentage method is applied, the document showing the general total of each account statement is not given to the representative chosen by the workers. | 1.145 TL |
41 | Overtime pay | 102/c | For each worker who is not paid overtime, does not use the free time he deserves within six months, and works overtime without his approval. | 555 TL |
56 | Annual Paid Leave Application | 103 | For every worker whose annual paid leave is illegally divided. | 555 TL |
57 | Annual Leave Fee | 103 | For every worker whose annual leave pay is illegal or underpaid. | 555 TL |
59 | Leave Fee at Termination of Contract | 103 | For each worker who is not paid the leave s/he did not use at the end of her/his employment contract. | 555 TL |
60 | Regulations on leave | 103 | For every worker who has not been granted leave or granted less leave than the permit regulation specifies. | 555 TL |
63 | Work period | 104 | Not complying with the provisions of the regulations regarding work periods. | 3.064 TL |
64 | Compensatory work | 104 | For every worker employed without complying with the provisions of the law regarding compensation work. | 555 TL |
68 | Rest break | 104 | Rest breaks are not given according to the provision of law. | 3.064 TL |
69 | NIght time and night work | 104 | Making workers work for more than 7.5 hours a night, not changing their day and night shifts. | 3.064 TL |
71 | Employment age and prohibition of child labor | 104 | To act contrary to the provisions of employment age and prohibition of child employment. | 3.064 TL |
72 | Prohibition of operating under ground and under water | 104 | To employ male workers under 18 and female workers of all ages underground and underwater. | 3.064 TL |
73 | Prohibition of night work | 104 | To employ children and young workers at night, acting contrary to the provisions of the laws and regulations on the prohibition of employment. | 3.064 TL |
74 | Maternity work and lactation leave | 104 | Not giving unpaid leave during the prenatal and postnatal periods to female workers. | 3.064 TL |
75 | Worker’s personnel file | 104 | Not arranging employee personal files. | 3.064 TL |
76 | Failure to comply with regulations | 104 | Not to comply with the provisions of the regulation on working periods | 3.064 TL |
90 | Mediation to find work and workers | 106 | Engaging in employment and employment activities without obtaining permission from İş-Kur. (based on the Employment Agency Act No. 4904 of Article 20 (h)) | 27.848 TL |
92 | Authorized authorities and officers | 107 | Not cooperating with labor inspectors, not giving statements and information, not showing and giving necessary documents and evidence, not showing the necessary convenience to the inspectors. | 27.848 TL |
96/1 | Employee and employer’s responsibilities | 107 | To force workers whose expressions and information are consulted by labor inspectors to hide or change the truth. | 27.848 TL |
96/2 | Employee and employer’s responsibilities | 107 | The workers’ making unnecessary acts or unfairly misconduct the employer by giving false news, making it difficult to carry out inspection and inspection, and engaging in malicious acts. | 27.848 TL |
107/2 | Non-compliance with the Provisions Regarding the Inspection and Inspection of Business Life | 107/2 | To prevent labor inspectors from performing and concluding their inspection and inspection duties. | 27.848 TL |
Note:– The amount of administrative fines to be applied is increased annually at the revaluation rate and amounts below 1 (one) TL are not taken into account. – The revaluation rate for 2020 has been determined as 9.11%. |