As the Turkish market continues to expand, understanding the intricacies of its employment law is crucial for investors and entrepreneurs looking to establish a foothold. This guide provides a comprehensive overview of the key aspects of Turkish employment law, ensuring you are well-prepared to navigate the legal landscape effectively.
Overview of Turkish Employment Law
Turkish employment law is governed by several key statutes, including the Labour Law (Law No. 4857), the Social Insurance and General Health Insurance Law (Law No. 5510), and the Occupational Health and Safety Law (Law No. 6331). These laws collectively ensure the protection of workers’ rights and outline the obligations of employers.
Key Employment Obligations
1. Employment Contracts
• Types of Contracts: Employment contracts in Turkey can be for a definite or indefinite period. Employers must provide written contracts, especially for definite period engagements exceeding one year.
• Content Requirements: Contracts should include job descriptions, working hours, remuneration, and other employment conditions.
2. Working Hours and Overtime
• Standard Hours: The standard working week is 45 hours, typically spread over six days.
• Overtime Regulations: Any work exceeding 45 hours per week is considered overtime and must be compensated at 1.5 times the regular hourly rate.
3. Minimum Wage
• The minimum wage in Turkey is determined annually and is applicable to all employees. As of the latest update, the minimum wage is set to ensure a basic standard of living for workers.
Health and Safety Regulations
Under the Occupational Health and Safety Law (Law No. 6331), employers are obligated to:
• Conduct risk assessments and implement safety measures.
• Provide health and safety training to employees.
• Appoint safety officers and workplace doctors, depending on the size and risk level of the workplace.
Social Security and Benefits
1. Social Security Contributions
• Employers must register employees with the Social Security Institution (SGK) and contribute to social insurance, which covers health, retirement, and unemployment benefits.
2. Paid Leave
• Annual Leave: Employees are entitled to a minimum of 14 days of paid annual leave after one year of service, increasing with tenure.
• Maternity and Paternity Leave: Female employees are entitled to 16 weeks of paid maternity leave, while male employees can take up to five days of paternity leave.
Termination of Employment
1. Notice Periods
• Notice periods for termination depend on the length of employment, ranging from two weeks for those employed less than six months to eight weeks for those with more than three years of service.
2. Severance Pay
• Employees dismissed without cause are entitled to severance pay, calculated as 30 days of gross pay for each year of service.
3. Unlawful Termination
• Employees have the right to contest unlawful termination. If the court rules in favour of the employee, the employer may be required to reinstate the employee or provide compensation.
Equal Treatment and Non-Discrimination
Under Turkish law, discrimination based on gender, race, religion, or any other personal characteristic is prohibited. Employers must ensure equal treatment in all employment practices, including hiring, promotion, and compensation.
Navigating the Turkish employment law landscape is essential for investors and entrepreneurs aiming to succeed in this dynamic market. By understanding and complying with these regulations, you can ensure a stable and productive workforce, ultimately contributing to the success of your venture in Turkey. For further information and legal assistance, contact us.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.