Turkish Labor Law
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Administrative fines to be applied according to Labor Law No. 4857 are increased 14,57% in 2018 according to revaluation rate determined for the new year. Amounts of the fines for the violations specified article 98 to 107 are as follows.
|
Violated Article |
Penalty Clause | VIOLATION |
Amount of Fine / TRY Revaluation Rate 14,47% |
| 3 | 98 | Not notifying the setting up or taking over an establishment, or the changes in the nature of business, or permanently closing down an establishment, to the regional directorate of labor. (Same for the subcontractor). | 21.036,00 |
| 5 | 99/1-a | Making discrimination based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons. | 177,00 |
| 7 | 99/1-b | Acting in violation of provisions of temporary employment relationship, for each employee. | 296,00 |
| 8 | 99/1-c | Not informing the employee about working conditions in case there is no written contract, for each employee. | 177,00 |
| 14 | 99/1-c | Violating the “work on call and remote working” principles, for each violation. | 177,00 |
| 28 | 99/1-d | Violating the obligation to arrange a work certificate for the leaver, or writing incorrect information on this certificate, for each employee. | 177,00 |
| 29 | 100 | Dismissal of employees in contravention of the provisions of collective dismissal, for each employee. | 693,00 |
| 30 | 101 | Violating the obligation of employing disabled (or ex-convict / not applicable to private sector workplaces), for each disabled who isn’t employed. | 2.627,00 |
| 32 | 102/a | Deliberately failing to pay the full wages of employee, entitled under Labor Law, or in the collective agreement or the employment contract; for each employee and each month. | 191,00 |
| 32 | 102/a | Failing to pay the minimum wage in full fixed by the commission, and not paying the wage and other benefits such as bonus etc. through bank account despite the fact that it is stipulated in law; for each employee and each month. | 191,00 |
| 37 | 102/b | Failing to provide employees with payslips, | 693,00 |
| 38 | 102/b | Imposing fine on employee’s wage unlawfully. | 693,00 |
| 52 | 102/b | In establishments where the percentage wage method is practiced, the employer is under the obligation to submit a document showing the general total of each account slip to an employee representative elected by the employees; failing to fulfill this obligation. | 693,00 |
| 41 | 102/c | Failing to pay the employee overtime wages; failing to allow the employee to use the free time to which he is entitled within six months; and does not obtain the employee’s approval for work at extra hours. | 337,00 |
| 56 | 103 | Splitting the annual paid leave in contravention of regulations, for per employee. | 337,00 |
| 57 | 103 | Not paying the full amount of annual leave, for each employee. | 337,00 |
| 59 | 103 | Any annual leave remuneration due to but not yet drawn by an employee must be paid to him or to other persons entitled on his behalf, upon the termination of his employment contract for any reason, at the wage rate prevailing on the date of termination. Acting against this provision, for each employee. | 337,00 |
| 60 | 103 | Failing to implement in full the provisions of the Regulation on Annual Leave” (Not letting the employee to use his annual leave days completely), for each employee. | 337,00 |
| 63 | 104 | Acting in contravention of provisions of working hours stated in law. | 1.853,00 |
| 64 | 104 | Acting in contravention of provisions related to compensatory work, for each employee. | 337,00 |
| 68 | 104 | Not allowing the rest breaks stated in law. | 1.853,00 |
| 69 | 104 | Having the employees work over 7,5 hours at nights. | 1.853,00 |
| 71 | 104 | Acting contrary to provisions related to working age and prohibition of child work. | 1.853,00 |
| 72 | 104 | Employing boys under the age of eighteen and women irrespective of their age on underground or underwater work. | 1.853,00 |
| 73 | 104 | Employing children and young employees under the age of eighteen on industrial work during the night. | 1.853,00 |
| 74 | 104 | Employing female employees during the pre and after birth periods, and not allowing them to have unpaid leave granted in the law. | 1.853,00 |
| 75 | 104 | Not arranging personnel files for each employee working in the establishment. | 1.853,00 |
| 76 | 104 | Not complying with the provisions of “Regulation on Working Hours.” | 1.853,00 |
| 90 | 106 | Performing employment services without procuring the permit from İŞKUR (Turkish Employment Agency. | 18.377,00 |
| 92/107 | 107 | During an inspection it shall be the duty of the employer, his representatives, the employees and any other person concerned to attend whenever summoned by the authorities or officials responsible for inspection, to give them any information requested, to present for their inspection and, if necessary, to hand over all relevant documents and records, to provide them with every assistance in the exercise of their functions, and to comply, without any attempt at evasion, with all relevant orders and requests received in this connection. Acting contrary to these provisions, and preventing them to perform their duties. | 16.829,00 |
