Turkish Labor Law
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One of the most important and legally necessary instrument that should be created and maintained by personnel departments are the personnel files of employees. Although the documents and records kept in the file may vary as regard to qualification of employee and nature of business, some of them are essential. The complete, well-arranged and updated documents all in one place will be very useful and at hand when the employer wants to make any kind of decisions relating to employees, and also they have evidential value for the official authorities and before the courts in case of audit or lawsuits.
Turkish Labor Law No. 4857, Article 75 stipulates that; “The employer shall arrange a personnel file for each employee working in his establishment. In addition to the information about the employee’s identity, the employer is obliged to keep all the documents and records which he has to arrange in accordance with this Act and other legislation and to show them to authorized persons and authorities when requested.”
DOCUMENTS THAT MUST BE PROVIDED AT THE START OF EMPLOYMENT
- Copy of identity card
- Identity register copy
- Certificate of residence
- Copy of diploma
- Health certificate
- Blood group card
- Criminal record
- 2 photos
- Marital/Family information document
- Military service status document
- Employment contract / Service contract
- New employee SGK registration
DOCUMENTS AS RELATED TO QUALIFICATION OF EMPLOYEE
- Incentive document in case of employee benefiting from incentive
- Original or copy of disability report if the employee is disabled
- Written confirmation from Revenue Administration (Gelir İdaresi Başkanlığı) for employees having disability allowance
- İŞKUR application record medium for Ex-Convict, Terror-Stricken or Disabled Employee
- Parents approval for employees under the age of 18
- Copy of work permit card or work permit
DOCUMENTS RELATED TO NATURE OF BUSINESS
- Employee overtime consent document (signed)
- Certificate of custodianship, where any equipment handed over to employees
- Medical examiner’s reports appropriate to nature of business
- Medical reports for the works that require periodical medical control
- The list including employees engaged in heavy and dangerous works
- Copy of driving license for driver employees
- Shift schedule showing the working hours, in case employees are working in shifts
- DOCUMENTS THAT MUST BE MAINTAINED DURING EMPLOYMENT
- Documents related to annual paid leave, unpaid leave, leave of absence with pay and the like
- Maternity leave, capability/ incapability to work reports, application for nursing leave
- Warnings and/or other disciplinary actions
- Reports for sick leave and incapacity to work
- Signed payrolls and pay slips
- Forfeiture of pay and the reason, if any
- Written notices related to wage increase, promotion, transfer and suchlike
- Performance appraisal forms
- Documents related to information given to employees concerning occupational health and safety, and the risks they may be taking
- Occupational accident reports
- Consent of the employee for temporary transfer
- All official correspondence related to employees
DOCUMENTS TO BE ADDED AT THE LEAVE OF EMPLOYMENT
- SGK deregistration declaration
- Release Document
- Certificate of employment
- Notice of termination
- Letter of resignation
- Payrolls of severance and notice pay
- Evidencing documents in cases of just cause for termination
- Notifications send through notary public
- Written notices
Other Documents If Available
- Job application form
- Offer of employment form
- Copy of marriage certificate
- Reference letters
- Resumes
- Copy of dependents’ identity card
- Testimonials from former workplaces
- Document related to Minimum Living allowance employee benefited in former work
CONFIDENTIALITY OF PERSONNEL FILES
Pursuant to Labor Law, second paragraph of article 75, “The employer is under the obligation to use the information he has obtained about the employee in congruence with the principles of honesty and law and not to disclose the information for which the employee has a justifiable interest in keeping as a secret.”
Employer violating the confidentiality of personnel file may come under the obligation of retrieve the loss employee suffered. And violation of privacy is an act that constitutes a crime in accordance with the Turkish Penal Code.
Also the employer who fails to keep personnel files mentioned in Article 75 will be liable to administrative fine of 1478 TRY.
