Obligation of Employing Victims on the Way

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In Turkey private sector establishments employing fifty or more employees are required to employ disabled persons not less than 3 % of their number of personnel. For employers who have more than one establishment within the boundaries of a province, the number that the employer must employ shall be computed according to the total number of employees.

Now, the Victim Rights Law Draft prepared by Ministry of Justice proposes that workplaces with fifty or more employees are to employ victims of certain crimes up to 2% of their total number of personnel, in addition to above mentioned 3% disabled persons.

Who is victim?

New proposal describes the victim as the person who directly suffered physically, mentally, psychologically or economically due to a crime.

Expected change in Labor Law

As far as the private sector is concerned the related article 30 of Labor Law No. 857 will be changed as follows;

In private sector establishments employing fifty or more employees, employer shall employ 2% disabled and 3 % victim and assign them to the jobs consistent with their occupational skills and physical and mental capacities. For employers who have more than one establishment within the boundaries of a province, the number that the employer must employ shall be computed according to the total number of employee.

Employers shall recruit such employees through the Turkish Employment Organization (İŞKUR).

SSI Premium support for employer of victims

The current premium support for the employers of disabled persons will also be applied to those of victims. For each employed disabled and victim personnel, employer’s SSI contribution calculated on minimum earnings of these employees will be covered by the Treasury.

However, for benefiting from the support, the Monthly Premium and Service Documents must be submitted within the legal period and premiums must be paid in time.

Unemployment premium support in sheltered workshops

Persons who have mental and psychological disabilities up to a certain degree and experience difficulties in the labor market are in the scope of “Regulation on Sheltered Workshop”.

Now with the proposed draft, the victims who are having difficulties to join in the labor market will be taken into scope of above said Regulation. Total unemployment contribution of employer for such victims will be covered by Treasury. 

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