Turkish Labor Law
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Draft 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.
Current Legislation Related to Pregnant Employees
Under the provision of Labor Law n. 4857, Article 74, in summary;
“Female employees must not be engaged in work for a total period of sixteen weeks, eight weeks both before and after delivery .However, employees may continue to work until as late as the 3rd week before delivery, provided that a medical report is secured to that end. In that case, leave entitlement before delivery shall be added to the leave entitlement after delivery.
And according to second paragraph of said Article; if the female employee so wishes, she shall be granted an unpaid leave of up to six months after the expiry of the sixteen weeks.
Under these provisions the female employees were only entitled to paid maternity leave of sixteen weeks in normal conditions and an unpaid leave of up to six months after the expiry of the sixteen weeks.
Half Time Working Pay after Childbirth
With the above mentioned Draft, Additional Article 3 will be added to Unemployment Insurance Law n. 4447, and it is as follows;
“Female employee shall be paid half time working pay after childbirth during which period she is permitted to unpaid leave in accordance with the second paragraph of Article 74, Labor Law no. 4857. Pay period is half of the weekly working time stated in Article 63 of Labor Law n. 4857. Payment shall be made from the Fund within the second month following the month to which monthly premium and service document belonged. Daily amount of half time working pay after childbirth is %80 percent of daily gross minimum wage.”
In case of enactment of the draft, working mothers will be granted right to half-time work, after the expiry of paid maternity period following childbirth without losing their full-time earnings. Because they will be receiving “half time working pay,” the amount of %80 percent of daily gross minimum wage for per day, from Unemployment Insurance Fund. Also insurance premiums corresponding to half hours not worked will be paid by the Fund.
Qualifying Conditions
Employee should satisfy the below conditions to qualify for half time working pay;
- minimum 600 days unemployment insurance premiums should be notified for employee within the last three years prior to childbirth,
- employee should be working half of the weekly working time stated in Article 63 of Labor Law n. 4857.
- employee should apply to the Institution with “half time work after childbirth document” within 30 days after the date paid maternity leave expired.
In case of failure on applying in time, except force majeure, the payment will be made by deducting the delayed period from the total period during which “half time working pay after childbirth” deserved. These payments are not subject to any tax or deduction, except stamp tax.
For those who are entitled to temporary incapacity allowance no half time working pay will be paid during the continuation of the situation. Inappropriate payments due to reason caused by employer’s submitting incorrect information or document will be collected from employer together with legal interest.
There are also some wider range of benefits for the public servants under the Public Servants Law n. 657
We will inform you in detail when the said proposal get the approval of Grand National Assembly of Turkey and published in the Official Gazette.
