Labor Law No 4857 – Muhasebe News

Attention! If you work at another job when you are on leave, you might be dismissed without compensation!

MuhasebeNews — Tue, 09 Apr 2019 10:26:35 +0000

1- YOU CANNOT WORK AT ANOTHER JOB WHEN YOU ARE ON LEAVE.
If it is realized that an employee works at another job for a fee when he/she is on leave, the employer can get the fee for the leave back.

2- IT IS LEGALLY PROHIBITED EMPLOYEES TO WORK WHEN THEY ARE ON LEAVE.
The primary purpose of taking a vacation is getting rest.
As a result of that, it is legally prohibited employees to work when they are on paid annual leave.

3- IF YOU WORK WHEN YOU ARE ON LEAVE, YOU ARE OBLIGED TO GIVE THE FEE THAT IS PAID FOR THE LEAVE BACK.
If the primary employer determines that an employee work at another job for a fee, the primary employer may reclaim the fee that is paid for the leave from the employee.

4- IF YOU WORK WHEN YOU ARE ON LEAVE, YOU MIGHT BE DISMISSED WITHOUT COMPENSATION!
In compliance with article 25/II of the law no. 4857, the employer may dismiss the employee, in accordance with ‘’the employee’s abuse of employer’s trust, behaviors against integrity and loyalty’’ of the article (e) of segment titled ‘’the improper attitudes that are not conform to morals and goodwill’’ entered in the title called ‘’the immediate termination right of the employer for justifiable reasons’’.

5- THE RIGHT TO ANNUAL PAID LEAVE SHOULD BE AT LEAST 14.
The annual paid leave should be;
a) at least fourteen (14) days if the service period is between 1 and 5 (fifth year is included).
b) at least twenty (20) days if the service period is more than 5 years and less than 15 years.
c) at least twenty-six (26) days if the service period is more than 15 years (fifteenth year is included).

Source: The Labor Law no. 4857 (Article 58)
Date: 9 February 2017

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.

How Long Is The Probation Period In Labor Agreement in Turkey?

MuhasebeNews — Sat, 21 Apr 2018 10:00:23 +0000

The labor agreement made between employee and the employer should be done in writing.

There can be optionally added a clause about probation period in the contract.
If there is no clause about the probation period in the contract, the notice period (concerning the rights of the payment in lieu of notice) begins instantly.

If the parties add a clause about the probation in the contract, the duration will be maximum 2 months.

(On the other hand, the probation period can be extended until 4 months in collective labor agreements.)

If the parties come to an agreement, the probation period can be less than 2 months.

Within the probation period, the parties may annul the contract without notice period and compensation.

If the parties specify the probation period and one of them annul the contract, there will be no notice pay and the labor contract will not continue as much as notice period.

Furthermore, the salary and the other fringe pays should be paid to himself/herself for the duration of his/her service.

Source: Article 15 the Labor Law No. 4857

What Are The Labor Contract Types?

MuhasebeNews — Mon, 19 Mar 2018 17:00:03 +0000

1-What is labor contract?
According to the Labor Law no. 4857, labor contract is an agreement between an employer and an employee about salary, benefits and working conditions.

2-What are the labor contract types?
The provisions about labor contract are involved in articles 8, 9, 10, 11, 12, 13, 15 and 16 of the Labor Law no. 4857.

The contract types:
2.1- Permanent and Discontinuous Labor Contracts (Article 10 of the L.L.)
2.2- Employment Contracts of Indefinite Duration and Definite Duration (Articles 11-12 of the L.L.)
2.3- Part-Time and Full-Time Contracts (Article 13 of the L.L.)
2.4- Employment Period with Probation Period (Article 15 of the L.L.)
2.5- Gang Contract (Article 16 of the L.L.)

3-What is the most common contract type in Turkey?
In Turkey, the most common contract type is Employment Contract of Indefinite Duration.

Employment Contract of Indefinite Duration is specified in articles 11 and 12 of the Labor Law no. 4857.

According to that;
3.1- Employment Contract of Indefinite Duration is not subjected to a time limit which means there is no expiry date written in the contract.
3.2- Employment Contract of Definite Duration is formed
– in fixed term employments
– Till the job is finished.

IMPORTANT!!!
**Employment Contract of Definite Duration cannot be prepared in sequence (more than one) without an essential reason. If prepared, the contract will be regarded ab initio as employment contract of indefinite duration.

Source: Turkish Statistical Institute – General Directorate of Land Registers
Date: 25 January 2017

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 Consequences of Non-Payment of Wages on Due Date According to Labor Law No.4857 in Turkey?

MuhasebeNews — Tue, 10 Oct 2017 12:00:41 +0000

The consequences of non-payment of wages on due date are indicated in article 34 of the Labor Law no. 4857:

– The employee whose wage has not been paid within twenty days of the day it was due, except for force majeure, may refrain from fulfilling his obligation to work.
– Even if refraining from work by employees based on their personal decisions takes on the character of a concerted action in quantifiable terms, it shall not qualify as a strike.
– The highest interest rate charged to bank deposits shall be levied on wage debts not paid on the day they were due.
– Employment contracts of such employees shall not be terminated solely because they have refrained from working for this reason; no replacements shall be hired, nor may such work be performed by others.

Source: Article 34 of the Labor Law no. 4857

Termination of Employment Contract

MuhasebeNews — Mon, 13 Mar 2017 08:40:21 +0000

According to the relevant provisions of the Labor Law no. 4857, employers and employees are required to give specified notification periods prior to the termination of an employment contract, as shown in the following table.

There are two types of termination for an employment contract:

1) Termination with notification
Both the employee and the employer may terminate an employment contract concluded for an indefinite period based on the notification periods indicated in the above table. The party who does not abide by the rule to serve notice shall pay compensation covering the wages which correspond to the notification period in order to terminate the employment contract.

2) Termination of an employment contract before the end of the contract period or before the notification periods stated above, based on justifiable and rightful reasons stated in the Labor Law

Both the employer and employee have the right to terminate an employment contract before its expiry or without having to comply with the prescribed notification periods, in the following cases:

Reasons of health
Cases arising from immoral, dishonorable or malicious conduct or other similar behavior
Force majeureSeverance Pay
An employee who quits satisfying the conditions indicated in the Labor Law or whose employment contract is terminated by the employer must be compensated with a severance pay to be calculated based on the employees’ seniority at the work place. This indemnity pay is calculated on the basis of the last thirty days’ gross wage per year of the employment contract from the commencement date of employment. The thirty days’ payment per year of employment may not exceed the upper limit determined semi-annually. However, severance pay may be agreed to be paid at an amount higher than the limit indicated above in case there is a provision in the employment contract.
The reasons on the basis of which employees are entitled to receive severance pay are as follows:
- Leaving the workplace due to the compulsory military service (for males)
- Retirement (in order to receive old age, retirement pension or disability allowance from the relevant insurance institutions)
- Resignation of the employee after completing 3,600 premium days and 15 years of insurance period (in case of fulfillment of retirement conditions except the age limit and resignation with the submission of the document from the Social Security Institution indicating the fulfillment of retirement conditions, excluding the age limit, to the employer)
- Voluntary termination by female employees within one year following the date of marriage
- Death of the employee
- Termination of the employment contract not based on a valid reason listed in the Labor Law by the employer and termination of the employment contract by the employer with valid a reason
Job Security
According to Labor Law, in case the employment contract is terminated by the employer, it is required that the underlying reason of this termination be notified to the employee, and the reason of termination be valid. The employee has the right to file a lawsuit in Labor Court within one month from the date of notification of termination. In the lawsuit to be filed, liability of proving that termination is based on a valid reason belongs to the employer, and if the employee claims that termination is due to another reason, he/she is obligated to prove this claim. In case the court decides that the termination is invalid and the employee is to be reemployed, and if the employee does not apply to the employer within ten work days from the date of notification of the decision to him/her, termination executed by the employer is deemed as a valid termination, and employer is only held responsible for the legal consequences.

Date: 13 March 2017