labor agreement – Muhasebe News

Do You Have to Work During Holidays in Turkey?

MuhasebeNews — Tue, 09 Apr 2019 14:26:27 +0000

1- DO YOU HAVE TO WORK DURING NATIONAL AND PUBLIC HOLIDAYS?
According to provisions related to working during National and Public Holidays stated in article 44 of the Labor Law numbered 4857;
Whether working during National and Public Holidays or not should be determined in collective agreement or labor agreement.

2- HOW SHOULD WORKING DURING NATIONAL AND PUBLIC HOLIDAYS BE REGULATED, IF THERE IS NO PROVISION IN THE AGREEMENT?
It is required to get worker’s approval in order to work during national and public holidays if there is no provision about it.

3- HOW SHOULD THE FEE BE PAID FOR WORKERS WHO WORK DURING NATIONAL AND PUBLIC HOLIDAYS?
If a worker working for a workplace being within the scope of Labor Law numbered 4857 does not work during national and public holidays;
– His/her fee should be paid in full without working.
– If a worker works without taking leave, his/her one day fee should be paid for each day.
– In workplaces which have percentage method, national and public holiday fees should be paid by employer to workers.

4- NATIONAL AND PUBLIC HOLIDAYS IN TURKEY

Source: Labor Law No. 4857

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

If You Wouldn’t Like to Take on a Task That the Employer Suggests, You May Terminate Your Labor Agreement According to Turkish Laws!

MuhasebeNews — Thu, 22 Mar 2018 14:00:06 +0000

IF AN EMPLOYEE REFUSE TO HAVE POSITION THAT EMPLOYER SUGGESTS, CAN AN EMPLOYER IMPOSE A SANCTION?
If it is stated in the agreement that every kind of amendment will be accepted by the employee, this article enables employer to make every kind of amendments.

If the employee does not accept the amendments, labor agreement can be terminated on the grounds that it is noncompliance with the agreement by resting upon this article. It is not possible to claim contrariwise, since the article is expressed clearly.

Source: Labor Law

When Does an Employee Get a Rise in His/her Salary and what is the Salary Increase Rate in Turkey?

MuhasebeNews — Sat, 17 Mar 2018 07:00:33 +0000

HOW OFTEN DOES AN EMPLOYEE GET A RISE IN HIS/HER SALARY AND WHAT IS THE SALARY INCREASE RATE IN TURKEY?
Due course of law, connection between an employer and an employee is regulated by labor contracts. Labor agreements can be prepared freely by the parties providing that they are not contrary to law.

Legislative regulations related to wages are limited to minimum wage enforcement. A wage given to employees cannot be less than minimum wage being in force. Additionally, there is no certain legal framework for wage setting, time to rise the wage and wage increase rate. This issue should be enlightened with the provisions of labor agreement.

Source: Labor Law

What are the Consequences of Termination of Labor Agreement Without a Valid Reason according to Turkish Laws?

MuhasebeNews — Tue, 10 Oct 2017 13:00:10 +0000

In article 21 of the Labor Law no. 4857, the consequences of termination of labor agreement by the employer is stated below:

– If the court or the arbitrator concludes that the termination is unjustified because no valid reason has been given or the alleged reason is invalid, the employer must re-engage the employee in work within one month. If, upon the application of the employee, the employer does not re-engage him in work, compensation to be not less than the employee’s four months’ wages and not more than his eight months’ wages shall be paid to him by the employer.
– In its verdict ruling the termination invalid, the court shall also designate the amount of compensation to be paid to the employee in case he is not re-engaged in work.
– The employee shall be paid up to four months’ total of his wages and other entitlements for the time he is not re-engaged in work until the finalization of the court’s verdict. If advance notice pay or severance pay has already been paid to the reinstated employee, it shall be deducted from the compensation computed relevantly. If term of notice has not been given nor advance notice pay paid, the wages corresponding to term of notice shall also be paid to the employee not re-engaged in work.
– For re-engagement in work, the employee must make an application to the employer within ten working days of the date on which the finalized court verdict was communicated to him. If the employee does not apply within the said period of time, termination shall be deemed valid, in which case the employer shall be held liable only for the legal consequences of that termination.

Source: Article 21 of the Labor Law no. 4857

What are the Conditions for Reengagement in Work According to Turkish Laws?

MuhasebeNews — Fri, 23 Jun 2017 07:44:12 +0000

1- WHAT ARE THE RESPONSIBILITIES OF THE EMPLOYER WHO WOULD LIKE TO TERMINATE LABOR AGREEMENT?
The employer who would like to terminate labor agreement is supposed to;
1.1- Submit a written declaration about the termination,
1.2- State the reason of termination clearly,
1.3- Pay all the rights, which are generated because of termination, in the termination date.

2- WHAT SHOULD BE DONE IF THE LABOR AGREEMENT IS TERMINATED WITHOUT A VALID REASON?
If the labor agreement is terminated with an invalid reason or without a reason, employee is able to demand reengagement in work and invalidity of termination.

3- WHAT ARE THE CONDITIONS FOR REENGAGEMENT IN WORK?
In order to take advantage of the conditions for reengagement in work;
3.1- There should be at least 30 employees working in the relevant office,
3.2- Employment period of the employee whose labor agreement is terminated should be at least 6 months,
3.3- Employee should go to the court within 1 month after the termination date.

Source: Labor Law

If an Employer Dismisses Employee by Claiming that Employee Disobeys Good Will and Ethics, Is He Supposed to Pay Seniority Indemnity in Turkey?

MuhasebeNews — Sat, 17 Jun 2017 10:38:00 +0000

Employee has no right to get seniority indemnity. Because in repealed article 14 of the Labor Law numbered 1475, if employer terminates labor agreement because of reasons stated in clause II of the article 25 of the Law numbered 4857, he/she should pay seniority indemnity to the employee.

Article 14 of the Labor Law numbered 1475 – If labor agreement of employees who are subjected to this law is terminated;
1. Because of reasons except from ones stated in clause II of article 17 of this Law;
2. (By the employee) in accordance with article 16 of this Law;
3. Because of military service;
4. Because of old age, retirement or disabled pension or in order to get lump sum payment from their own legal institutions and funds;
5. If an employee leaves his/her job willingly, by fulfilling insurance period and days for premium payment in order to get old age pension according to some conditions except from estimated ages; and if a woman willingly terminates her labor agreement within one year after the date of marriage or an employee passes away, the employer should pay seniority indemnity for each year, during when labor agreement has been active since the beginning of the employment. That amount should be 30-day fee for each year.

Article 25 of the Labor Law numbered 4857 – (II) – The situations and similar conditions that are against good will and ethics are indicated below;
a) When employee misleads his/her employer by telling nonrealistic data and words, by claiming that he/she has required qualifications for the important issues of the business even though he/she does not possesses required qualifications.
b) When employee says or acts against one of employer’s family members’ honor and reputation or gives unfounded notification and defames his/her employer.
c) When employee abuses another employee(s) in the office.
d) When employee teases his/her employee or one of employer’s family members or other employee(s) and when employee come at work woozily or by getting drugged and when he/she uses these kinds of drugs.
e) When employee acts against integrity and loyalty, like breach of faith, robbery, revealing employer’s trade secrets.
f) When employee commits a crime in the office and receives imprisonment more than 7 days (however, the sentence shouldn’t be postponed.)

Source: Labor Law

How Many Hours Can an Employee Overwork in Turkey?

MuhasebeNews — Tue, 13 Jun 2017 08:09:13 +0000

1- WHAT IS OVERWORK?
If an employee exceeds weekly working hour which is 45 hours as stated in Labor Law, he/she will be regarded that he/she is overworking.

Longtime working: if weekly working hours are determined as less than 45 hours in labor agreement and employee exceeds that determined weekly working hour, it will be considered as longtime working.

2- HOW MANY HOURS CAN AN EMPLOYEE OVERWORK?
In article 41 of the Labor Law numbered 4857, total amount of longtime working cannot be more than 270 hours in a year.

Source: Labor Law

Can You Cut Back on Seniority Indemnity in Turkey?

MuhasebeNews — Mon, 05 Jun 2017 14:23:33 +0000

1- CAN YOU CUT BACK ON SENIORITY INDEMNITY?
Stamp tax can be cut back on seniority indemnity, there is no any other cut on it.

2- DOES 30-DAY FEE PAID FOR EACH YEAR INCREASE IN SENIORITY INDEMNITY?
30-day fee paid for each year may increase in seniority indemnity. In article 14 of the Labor Law numbered 1475, it is clearly stated that 30 day period of time related to seniority indemnity can go in worker’s favor with labor agreements and collective labor agreements.

Source: Labor Law

If an Employee Does not get a Rise in his/her Salary, Can he/she quit his/her Job by getting Seniority Indemnity?

MuhasebeNews — Wed, 24 May 2017 09:01:40 +0000

CAN AN EMPLOYEE WHO DOES NOT GET A RISE IN HIS/HER SALARY QUIT HIS/HER JON BY GETTING SENIORITY INDEMNITY?
Any kind of rule related to when and how the salaries will be raised is not clearly determined. In legislative regulations about salaries, it is solely indicated that employees cannot be employed with subminimum rate.

Apart from that, provisions on salaries can be specified in labor agreements. If there are no binding provisions in labor agreements, the initiative related to this provision belongs to the employer.

Even though there is no provision about a rise in salary, an employee who quits his/her job because of salary dispute is regarded that he/she resigns, so that he/she will not have a right to indemnity.

Source: Labor Law

United Airlines Has Hard Times!

MuhasebeNews — Thu, 20 Apr 2017 07:39:06 +0000

The shares of United Airlines because of public relations disaster caused by a passenger being violently dragged from his seat on an overbooked plane at Chcago’s O’Hare Airport.

On the other hand, higher fuel costs and recent labor agreements led to a 5.1% increase in unit cost per available seat mile and meant that net income declined to $96 million (89.8 million euros), a 69.3% fall from the same quarter a year earlier.

United’s shares declined 3.5 percent in early trading in New York on Tuesday.

Source: Euronews