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Turkish Labour Law (law no. 4857) Part One Turkish Labour Law (law no. 4857) Part Two
CHAPTER FOUR  Organization of work

Working time:

Article 63. In general terms, working time is forty-five hours maximum weekly. Unless the contrary has been decided, working time shall be divided equally by the days of the week worked at the establishment.

Provided that the parties have so agreed, working time may be divided by the days of the week worked in different forms on condition that the daily working time must not exceed eleven hours. In this case, within a time period of two months, the average weekly working time of the employee shall not exceed normal weekly working time.

This balancing (equalising) period may be increased up to four months by collective agreement.

The application methods of working time in line with the principles mentioned above shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security.

The types of work where the daily working time must be seven and half hours maximum or less for health reasons shall be indicated in a regulation to be prepared jointly by the Ministry of Labour and Social Security and the Ministry of Health.

Compensatory work:

Article 64. In cases where time worked has been considerably lower than the normal working time or where operations are stopped entirely for reasons of suspending work due to force majeure or on the days before or after the national and public holidays or where the employee is granted time off upon his request, the employer may call upon compensatory work within two months in order to compensate for the time lost due to unworked periods. Such work shall not be considered overtime work or work at extra hours.

Compensatory work shall not exceed three hours daily, and must not exceed the maximum daily working time in any case.

Compensatory work shall not be carried out on holidays.

Shorter working time and its pay:

Article 65. The employer who temporarily shortens the weekly working time in his establishment or who temporarily suspends work wholly or partially in his establishment due to a general economic crisis or force majeure must communicate this matter, along with the reasons, immediately to the Employment Organisation of Turkey and to the union signatory to the collective agreement if there is one. The acceptability of the request shall be decided by the Ministry of Labour and Social Security. The methods and principles of procedure shall be indicated in a regulation.

In cases where work is suspended or shorter working hours are applied at the establishment for at least four weeks due to the above-mentioned reasons, employees shall be paid benefits for shorter working time corresponding to the time not worked. Shorter working time shall not exceed the period during which force majeure was effective and in any case three months. In order to have the right to insurance benefit payments for working shorter, the employee must meet the conditions required for entitlement to unemployment benefits both in terms of his length of employment and the number of days for which unemployment insurance contributions should have been paid.

The daily amount of benefit payment for working shorter is the same as the unemployment benefit.

In case where work in the establishment is suspended temporarily wholly or partially due to force majeure , payment of unemployment benefits shall start after the lapse of the one-week period envisaged in subsection III of Article 24 and Article 40.

Within the period during which the employee receives benefits for working shorter, his contributions for illness and maternity insurance shall be transferred by the Unemployment Insurance Fund, at a two-thirds ratio, to the Social Insurance Organization. These contributions shall be computed at the lowest rate of earnings serving as a basis for fixing insurance contributions.

If the employee starts working again before exhausting the time during which he could avail himself of unemployment benefits and becomes unemployed again before the conditions for access to unemployment insurance foreseen by Act No. 4447 have been met, he shall keep having access to unemployment benefits, provided that the period for which he had received benefit payments for working shorter is deducted, until the expiry of the time limit for receiving unemployment benefit to which he was entitled previously.

Payments for temporary disability which must be defrayed within the period during which benefits for working shorter are paid shall not be more than the amount of the benefit for working shorter. The illness and maternity contributions foreseen in this Article shall not be paid within the period during which temporary disability benefits are paid.

Time periods reckoned as part of the statutory hours of work:

the time required for employees employed in mines, stone quarries or any other underground or underwater work to descend into the pit or workings or to the actual workplace and to return there from to the surface travelling time, if the employee is sent by the employer to a place outside the establishment, the time during which the employee has no work to perform pending the arrival of new work but remains at the employer’s disposal, the time during which the employee who ought to be performing work within the scope of his duties in the establishment is sent on an errand for his employer or is employed by him in his household or office, instead of performing his own duties, the time allowed to a female employee who is a nursing mother to enable her to feed her child, the time necessary for the normal and regular transportation of groups of employees engaged in the construction, maintenance, repair and alteration of railways, roads and bridges to and from a workplace at a distance from their place of residence.

Time for transportation to and from the establishment which is not a requirement of the activity but is provided by the employer solely as a form of amenity shall not be regarded as part of the statutory working time.

The beginning and ending of the daily working time:

Article 67. The beginning and ending of the daily working time and rest breaks shall be announced to workers at the establishment.

Depending on the nature of activity, the beginning and ending times of work may be arranged differently for employees.

Rest breaks:

Article 68. Employees shall be allowed a rest break approximately in the middle of the working day fixed with due regard to the customs of the area and to the requirements of the work in the following manner; fifteen minutes, when the work lasts four hours or less, half an hour, when the work lasts longer than four hours and up to seven and a half hours (seven and a half included), one hour, when the work lasts more than seven and a half hours.

These are minimum durations and the full period must be allowed at each break.

These break periods may, however, be split up by contracts where the climate, season, local custom or nature of the work so requires.

Breaks may be taken at the same or varying times by the employees at the establishment.

The breaks shall not be reckoned as part of the working time.

Night hours and night work:

Article 69. For the purposes of working life, “night” means the part of the day beginning not later than 20.000 hours and ending not earlier than 6.00 hours, and lasting not longer than 11 hours in any case.

According to the nature and requirements of certain activities or regional characteristics in the country, regulations may be issued with a view to move back the beginning of night work to an earlier time or, in determining the methods of implementing the provisions of the first subsection, to rearrange summer and winter hours or to fix the beginning and ending of daily working time, or to apply payment of extra wages to certain night work, or to prohibit night work altogether in establishments where there is no economic necessity for night work.

Night work for employees must not exceed seven and a half hours.

Suitability of employees for night work shall be certified by a health report to be obtained before they begin work. Employees who are employed on night work shall be subjected by the employer to a periodic health examination at least once every two years. The costs of employees’ health examinations shall be met by the employer.

The employer shall assign, to the extent possible, the employee who presents documentary evidence that his health has been impaired because of night work to a suitable job in the day shift.

The employer is under the obligation to submit to the relevant regional directorate of labour the list of employees who shall be employed on night shifts as well as a copy of the health reports issued before the said employees have begun work and then given periodically.

In establishments where operations are carried on day and night by alternating shifts of employees, the alternation of shifts must be so arranged that employees are engaged on night work for not more than one week and are then engaged on day work the following week. Alternation of work on night and day shifts may also be carried out on a two-week basis.

The employee whose shift will be changed must not be engaged on the other shift unless allowed a minimum rest break of eleven hours.

Preparatory, complementary and cleaning operations:

Article 70. The provisions on the organisation of work that shall not apply to employees who are engaged in preparatory, complementary and cleaning operations generally carried out at an establishment before and after normal working hours or to what extent, under which conditions and with what modifications they shall apply to such employees shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security.

Working age and restrictions on the employment of children:

Article 71. Employment of children who have not completed the age of fifteen is prohibited. However, children who have completed the full age of fourteen and their primary education may be employed on light works that will not hinder their physical, mental and moral development, and for those who continue their education, in jobs that will not prevent their school attendance.

In the placement of children and young employees in jobs and in the types of work where they are employable, their security and health, physical, mental and psychological development as well as their personal suitability and capability shall be taken into consideration. The job the child performs must not bar him for attending school and from continuing his vocational training, nor impair his pursuance of class work on a regular basis.

The types of works where employment of children and young employees who have not completed the full age of eighteen is prohibited and the works where young employees who have not completed the age of eighteen may be permitted to work, as well as the light works and working conditions in which children who have completed the age of fourteen and their primary education may work shall be determined in a regulation of the Ministry of Labour and Social Security to be issued within six months.

The working time of children who have completed their basic education and yet who are no longer attending school shall not be more than seven hours daily and more than thirty-five hours weekly. However this working time may be increased up to forty hours weekly.

The working time of school attending children during the education period must fall outside their training hours and shall not be more than two hours daily and ten hours weekly. Their working time during the periods when schools are closed shall not exceed the hours foreseen in the first subsection above.

Restrictions on underground and underwater work:

Article 72. Boys under the age of eighteen and women irrespective of their age must not be employed on underground or underwater work like in mines, cable-laying and the construction of sewers and tunnels.

Restrictions on night work:

Article 73. Children and young employees under the age of eighteen must not be employed on industrial work during the night.

The principles and methods for employing women who have completed the age of eighteen on night shifts shall be indicated in a regulation to be prepared by the Ministry of Labour and Social Security upon receiving the opinion of the Ministry Health.

Work during maternity and nursing leave:

Article 74. In principle female employees must not be engaged in work for a total period of sixteen weeks, eight weeks before confinement and eight weeks after confinement. In case of multiple pregnancy, an extra two week period shall be added to the eight weeks before confinement during which female employees must not work. However, a female employee whose health condition is suitable as approved by a physician’s certificate may work at the establishment if she so wishes up until the three weeks before delivery. In this case the time during which she has worked shall be added to the time period allowed to her after confinement.

The time periods mentioned above may be increased before and after confinement if deemed necessary in view of the female employee’s health and the nature of her work. The increased time increments shall be indicated in the physician’s report.

The female employee shall be granted leave with pay for periodic examinations during her pregnancy.

If deemed necessary in the physician’s report, the pregnant employee may be assigned to lighter duties. In this case no reduction shall be made in her wage.

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, or in the case multiple pregnancy, after the expiry of the eighteen weeks indicated above. This period shall not be considered in determining the employee’s one year of service for entitlement to annual leave with pay.

Female employees shall be allowed a total of one and a half hour nursing leave in order to enable them to feed their children below the age of one. The employee shall decide herself at what times and in how many instalments she will use this leave. The length of the nursing leave shall be treated as part of the daily working time.
Personnel file of the employee:

Article 75. The employer shall arrange a personnel file for each employee working in his establishment. In addition to the information about the employee’s identity, the employer is obliged to keep all the documents and records which he has to arrange in accordance with this Act and other legislation and to show them to authorised persons and authorities when requested.

The employer is under the obligation to use the information he has obtained about the employee in congruence with the principles of honesty and law and not to disclose the information for which the employee has a justifiable interest in keeping as a secret.

Regulations:

Article 76. In jobs and establishments where, due to their nature, the application of daily and weekly working times is not possible as foreseen in Article 63, procedures to provide for the implementation of working time in a manner not to exceed the legal daily working time and by allowing an equalisation (balancing) period of up to six months shall be indicated in the regulations to be issued by the Ministry of Labour and Social Security.

In works where, due to their nature, operations have to be carried on continuously by the disposal of successive or rotating shifts of employees, special principles and procedures concerning working time, weekly rest days, night work and mandatory rest breaks shall be indicated in regulations to be issued by the Ministry of Labour and Social Security.

 

FIFTH CHAPTER

Occupational health and safety obligations of employers and employees:

Article 77. With a view to ensure occupational health and safety in their establishments, employers shall take all the necessary measures and maintain all the needed means and tools in full; and employees are under the obligation to obey and observe all the measures taken in the field of occupational health and safety.

In order to ensure compliance with and supervision of the measures taken for occupational health and work safety at the establishment, the employer must inform the employees of the occupational risks and measures that must be taken against them as well as employees’ legal rights and obligations and, in this connection, he must provide the employees with the necessary training on occupational health and safety.

The principles and methods of training shall be indicated in the regulation to be issued by the Ministry of Labour and Social Security.

Employers shall notify, in written form, any work accident and occupational disease which occurs in the establishment to the relevant regional directorate of labour within two working days at the latest.

The provisions contained in this chapter as well as in the bylaws and regulations related to occupational health and work safety shall also apply to the apprentices and trainees in the establishment.

Bylaws and regulations on occupational health and safety:

Article 78. The Ministry of Labour and Social Security, after taking the opinion of the Ministry of Health, shall issue bylaws and regulations, with a view to ensure the adoption of occupational health and safety measures in the establishments, the prevention of work accidents and occupational diseases which may arise from the use of machinery, equipment and tools as well as the arrangement of working conditions for persons who must be protected because of their age, sex and special circumstances.

Furthermore, a regulation to be prepared by the Ministry of Labour and Social Security, after taking the opinion of the Ministry of Health, shall indicate, in view of the number of employees, size, the nature and the precariousness and dangers posed by the operations, in which establishments covered by this Act an opening permit should be obtained from the Ministry of Labour and Social Security upon submitting to the relevant authorities of the Ministry operation plans before setting up the establishment as well as for which establishments an operations permit should be obtained from the same authority after the setting up of the establishment.

Suspending operations or closing the establishment:

Article 79. If any defects endangering the lives of employees are found to exist in the installations and arrangements, in the working methods and conditions or in the machinery and equipment, operations shall be stopped partly or completely or the establishment shall be closed until the danger is eliminated, following the decision to that effect taken by a five-member committee consisting of two labour inspectors authorised to carry out occupational health and safety inspections in establishments, an employee and an employer representative and the regional director of labour. The committee shall be presided over by the senior labour inspector.

The work and secretarial services of the committee shall be conducted by the regional directorate of labour.

The composition as well as the working methods and principles of the committee for military establishments and establishments producing materials for national defense shall be indicated in a regulation to be jointly prepared by the Ministry of National Defense and Ministry of Labour and Social Security .

The employer is entitled to lodge an appeal with the competent local labour court within six working days against the suspension or closing decision taken in view of this Article.

Appeal to the labour court shall not preclude the execution of the decision to suspend the operations or to close the establishment.

The court shall take up the appeal as a priority issue and issue its decision on the objection in six working days. Decisions of the court are final and binding.

Where an employee’s age, sex or health is incompatible with his employment in the establishment, he shall not be permitted to work,.

The manners by which the installations and arrangements or machinery and equipment which pose danger for employees, as explained in the above subsections, are to be barred from operating and how they will be permitted to operate again as well as the closing and reopening of the establishment, the measures to be taken in urgent cases until a decision is taken to suspend the operations or to close the establishment, as well as the qualifications and election of the employee and employer representatives to function in the committee, and the working methods and principles of the said committee shall be indicated in a regulation to be prepared by the Ministry of Labour and Social Security .

The permission to set up and operate an establishment shall in no way preclude the application of the provisions foreseen in Article 78.

The employer shall pay his employees their wages or employ them on other jobs in accordance with their occupational skills or status, without any reduction in wages, if they remain without work because of the suspension of the machinery, installations or working arrangements or the closing of the establishment in accordance with the first subsection of this article.

Occupational health and safety boards:

Article 80. In establishments deemed to be industrial according to this Act, where a minimum of fifty employees are employed and permanent work is performed for more than six months, the employer shall set up an occupational health and safety board.

Employers are under the obligation to enforce the decisions of the occupational health and safety boards taken in accordance with the legislation on occupational health and safety.

The constitution, working methods, functions, powers and obligations of occupational health and safety boards shall be laid down in a regulation to be prepared by the Ministry of Labour and Social Security .

Physician at the establishment:

Article 81. In establishments where a minimum fifty employees are employed, the employers are under the obligation, in order to meet the needs of employees for medical treatment which fall outside those provided for by the Social Insurance Organisation, to employ one or more physicians at the establishment and set up a health unit with a view to protect the health of the employees, to take occupational health and safety measures and to provide first aid, urgent treatment and preventive health services depending on the number of employees and the risk factors involved.

The qualifications of physicians, their number, recruitment, duties, powers and responsibilities, training and working conditions and methods of performing their duties as well as the health units to be set up at establishments shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security after receiving the opinion of the Ministry of Health and the Union of Physicians of Turkey.

Engineers or technical staff in charge of safety at work:

Article 82. With a view to conduct services for providing measures of safety at work and determining the measures aimed at preventing work accidents and occupational diseases as well as following up their execution, employers of establishments where a minimum of fifty employees are employed on a continued basis and where permanent work is performed for more than six months shall employ one or more engineers or technical staff, depending on the number of employees, the nature of the establishment and the degree of accident risks involved.

The qualifications of work safety engineers or technical staff, their number, duties, powers and responsibilities, training and working conditions as well as the methods of performing their duties shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security after obtaining the opinion of the Union of Chambers of Engineers and Architects of Turkey.

Rights of employees:

Article 83. In connection to occupational health and safety in an establishment, any employee faced with an imminent, urgent and life-threatening danger which may do harm to his health or endanger his bodily integrity may make an application to the occupational health and safety board with a request for the determination of the case and a decision for the adoption of necessary measures. The board shall hold an urgent meeting and decide on the same day, and lay down the case in a written report. The decision shall be communicated to the employee in written form.

In establishments where there are no occupational health and safety boards, the request shall be made to the employer or the employer’s representative. The employee may request the determination of the case and demand a written report to that effect. The employer or his representative must give a written reply.

In the event the board takes a decision consistent with a employee’s request, the employee may refrain from working until the necessary occupational health and safety measure is taken.

The employee’s wages and other rights shall be reserved during the period he refrains from working.

In establishments where the necessary measures have not been taken despite the decision of the occupational health and safety board and the employee’s request, employees may terminate, with no obligation to respect the notice term, their employment contracts with a definite or indefinite period, within the six working days in accordance with subsection (I) of Article 24 of this Act.

Provisions of Article 79 of this Act shall not apply in the event of suspension of operations or the closing of the establishment.

Prohibition of alcohol and narcotics:

Article 84. It shall be unlawful for an employee to enter an establishment while drunk or under the effect of narcotics or to consume alcoholic beverages or to take narcotic substances within its premises.

The employer may determine the circumstances, time and conditions for consuming alcoholic beverages in parts of the establishment treated as subordinate facilities.

The prohibition of consuming alcoholic beverages shall not apply to:

employees assigned to quality control in establishments where alcoholic beverages are manufactured,

employees obliged to consume alcoholic beverages owing to the requirements of the job in establishments which hold a license to sell liquor in closed containers or in open cups,

employees allowed to consume alcoholic beverages with customers owing to the requirements of the job.

Arduous and dangerous work:

Article 85. Young employees who have not completed the age of sixteen years and children must not be employed on arduous or dangerous work.
A regulation shall be issued by the Ministry of Labour and Social Security, after taking the opinion of the Ministry of Health, to specify the categories of work deemed to be arduous or dangerous and the categories of arduous or dangerous work in which young employees who have completed the age of sixteen but are aged under eighteen, as well as women may be employed.

Medical certificate in arduous or dangerous work:

Article 86. An employee shall not be engaged for or employed on any arduous or dangerous work without a certificate based on the results of a medical examination made either at the time of his recruitment or during his employment at least once a year to prove that he is physically fit for the job in question and robust; the medical certificate shall be obtained from the medical practitioner attached to the establishment or from a employees’ health dispensary, or in the absence of either, from the medical services of the nearest Social Insurance Organisation, health centre, government or municipal medical practitioner, in that order.

The Social Insurance Organisation may not refrain from conducting the first medical examination at the time of the employee’s recruitment.

In the event of an objection to the certificate given by the medical practitioner attached to the establishment, the employee concerned shall be examined by the medical council of the nearest hospital of the Social Insurance Organisation, in which case the medical certificate given shall be definitive.

Such certificates shall be produced by the employer on request by any competent official.

Such certificates shall be exempt from all fees and taxes.

Medical certificate for employees aged under eighteen years:

Article 87. Before being admitted to any employment whatsoever, children and young employees aged between fourteen and eighteen (including those in their eighteenth year) shall be examined by the medical practitioner attached to the establishment or by an employees’ health service, or in the absence of either, by the medical services of the nearest Social Insurance Organisation, health centre, government or municipal medical practitioners, in that order, and shall be certified as being physically fit for the job to be performed, taking into consideration the nature and conditions of the work.

Until they have reached the age of eighteen, such employees shall be subject to medical examinations at least every six months in the same manner, to determine whether or not there is any drawback in their continuing their employment; all such certificates shall be filed in the establishment and produced by the employer on request by any competent official. The Social Insurance Organisation may not refrain from conducting the first examination before the employee’s admission to employment.

In the event of an objection against the certificate issued by any of the medical services mentioned above, the employee in question shall be examined by the medical council of the nearest Social Insurance Organisation hospital, in which case the certificate given shall be final.

Such certificates shall be exempt from all stamp duties, fees and taxes.

Regulation for pregnant or nursing women:

Article 88. A regulation to be prepared by the Ministry of Labour and Social Security, after taking the opinion of the Ministry of Health, shall specify during which periods and in what types of jobs the employment of pregnant and nursing women is to be prohibited, what conditions and procedures they shall abide by while working on jobs in which they may be employed as well as how the nursing rooms and child care centers are to be established.

Other regulations:

Article 89. After taking the opinion of the Ministry of Health, the Ministry of Labour and Social Security may also issue regulations foreseeing

the medical examination of employees before being admitted to employment in jobs other than those which are arduous and dangerous,

a general medical examination of employees in certain jobs at certain intervals,

preclusion of employees from certain jobs where their health conditions are affected adversely or where their work does harm to their products, to general health or to other employees with whom they work,

specification of the situations and conditions in establishments where bathing, sleeping, resting and dining facilities as well as employee housing and labour training premises are to be established.

SIXTH CHAPTER  Employment Service

 Acting as an intermediary in finding employment and employees:

Article 90. The task of acting as an intermediary in providing employees with jobs suitable to their qualifications and in finding employees qualified for different kinds of work for employers shall be performed by the Employment Organisation of Turkey and by the private employment agencies permitted to function in this capacity.

SEVENTH CHAPTER  Supervision and Inspection of Working Conditions

Powers of the State:

Article 91. The State shall follow up, supervise and inspect the implementation of labour legislation governing working conditions.

This duty shall be performed by officials of the Ministry of Labour and Social Security in sufficient numbers and with the necessary qualifications, specially empowered to exercise supervision and to make visits of inspection.

The supervision and inspection of military establishments and of workplaces where materials for national security are manufactured as well as the procedures concerning their end-results shall be carried out according to a regulation to be prepared jointly by the Ministry of National Defense and the Ministry of Labour and Social Security.

Competent authorities and officials:

Article 92. For the purpose of implementing Article 91, the administrative authorities and the competent officials responsible for following up, supervising and inspecting working conditions shall be entitled, whenever they deem it necessary, to inspect or examine at any time, subject to the provisions of Article 93, establishments, their administration, registers, records, accounts and other documents relating to working arrangements, the equipment, tools, apparatus, raw materials, manufactured products and all materials and accessories required for carrying on operations, and all arrangements and facilities for the health, safety, cultural development, recreation, resting and boarding of employees, and if they find any actions constituting an offence under this Act, to forbid them in the manner prescribed by the labour inspection regulations to be issued by the Ministry of Labour and Social Security.

During an inspection it shall be the duty of the employer, his representatives, the employees and any other person concerned to attend whenever summoned by the authorities or officials responsible for inspection, to give them any information requested, to present for their inspection and, if necessary, to hand over all relevant documents and records, to provide them with every assistance in the exercise of their functions as indicated in the first paragraph, and to comply, without any attempt at evasion, with all relevant orders and requests received in this connection.

The reports prepared by the authorities and officials empowered to follow up, supervise and inspect working conditions shall be held as valid until they are disproven.

Duties of competent officials:

Article 93. The authorities and officials responsible for following up, supervising and inspecting working conditions shall not, in the performance of their duties, cause any derangement of or hindrance to the normal progress of operations and the work of the establishment, except in so far as may be deemed necessary by the nature of their responsibilities; and they shall observe strict secrecy with respect to all they have seen and learned concerning the technical secrets of the employer and the establishment and his financial and commercial circumstances, unless it is necessary to disclose these matters in order to institute official proceedings, and they shall not reveal the names and identities of employees and other persons from whom they have received information or who have made reports to them.

Exemptions from fees and taxes:

Article 94. In written applications to the Ministry of Labour and Social Security by the employees and employers as well as their respective occupational organisations on matters of concern to them and to working conditions, such petitions and reports, documents, books and procedures of all kinds shall be exempt from stamp duties, fees and taxes.

Inspections by other authorities:

Article 95. The municipalities and other authorities competent to issue permissions for the setting up and opening of establishments shall, before giving the said permisions, investigate the existence of the opening and operating certificate which must have been granted by the Ministry of Labour and Social Security in accordance with pertinent labour legislation.

Municipalities and other authorities may not give opening and operating licences to establishments which have not yet been granted opening and operating certificates by the Ministry of Labour and Social Security.

Public institutions and organisations shall communicate to the competent regional directorate of labour the results of their occupational health and safety inspections and supervisions at establishments as well as the actions they will take regarding these establishments.

Municipalities and other authorities competent to give permits for setting up and opening establishments shall communicate every month to the relevant regional directorates of labour lists of names and addresses of employers and establishments for which they have issued permits as well as the nature of the work to be performed until the fifteenth day of the following month.

Responsibilities of employees and employers:

Article 96. Employers and their representatives shall not make suggestions as a basis for replies by employees from whom information is requested by the authorities responsible for supervision and inspection, nor shall they incite or compel employees in any manner whatsoever to conceal or distort the facts, or discriminate against them in any way on account of information supplied or communications or applications addressed by them to the competent authorities.

Employees shall not provide the authorities or officials with information contrary to the facts respecting their employers or the establishments in which they are or have been employed, thereby giving rise to unnecessary official action by such authorities and officials; they shall not bring false accusations or unlawful actions against their employers, or reply incorrectly to questions addressed to them by the labour inspectors, or abusively hamper, complicate or misdirect supervision or inspection work.

Police Assistance:

Article 97. On application by the competent labour inspectors responsible for supervision and inspection of establishments and with a view to ensuring the application of the provisions of this Act, the police authorities shall provide all necessary assistance to enable the said labour inspectors to perform their duties.

EIGHTH CHAPTER   Administrative Penal Provisions

Violation of the obligation to notify the establishment:

Article 98. The employer or employer’s representative who acts in violation of the obligation to give notification about the establishment as indicated in Article 3 of this Act shall be liable to a fine of fifty million liras per employee.

In the event of the repetition of this violation after the penalty has become definitive, the same fine shall be applicable for each ensuing month.

Violation of general provisions:

Article 99. The employer or his representative who;

acts in violation of the principles and obligation foreseen in Articles 5 and 7 of this Act,

does not give the employee the document mentioned in the last paragraph of Article 8, acts in violation of the provisions of Article 14, and

violates the obligation to arrange a work certificate in accordance with Article 28 or writes incorrect information on this certificate, shall be liable to a fine of fifty million liras for each employee in this category.

Violation of the provisions on collective dismissals:

Article 100. The employer or his representative who lays off employees in contravention of the provisions of Article 29 of this Act shall be liable to a fine of two hundred million liras for each employee thus terminated.

Violation of the obligation to employ disabled persons and ex-convicts:

Article 101. The employer or employer’s representative who does not employ disabled persons and ex-convicts in contravention of the provisions of Article 30 of this Act shall be liable to a monthly fine of seven hundred fifty liras for each disabled person and ex-convict for whom this obligation is not fulfilled. Public organisations shall by no means be exempt from this penalty.

Violation of the provisions as to wages:

Article 102. An employer or his representative shall be liable to a fine of three hundred million liras for each aggrieved employee and for each month if he deliberately fails to pay the full wages to which the employee is entitled under this Act specified in Article 32, or in the collective agreement or the employment contract, or if he fails to pay the minimum wage in full fixed by the commission as defined in Article 39.

An employer or his representative shall be liable to a fine of two hundred million liras if he fails to deliver an employee the wage slip in contravention of Article 37 or if he makes deductions from the employee’s wages as fines or if he fails to specify the reasons or to produce the accounts for such deductions in contravention of Article 38, or fails to deliver the document mentioned in Article 52.

An employer or his representative shall be liable to a fine of one hundred million liras for each employee in the following categories: if he fails to pay the employee overtime wages indicated in Article 41; if he fails to allow the employee to use the free time to which he is entitled within six months; and if he does not obtain the employee’s approval for work at extra hours.

Violation of the provisions on annual leave with pay:

Article 103. The employer or his representative shall be liable to a fine of one hundred million liras for each employee in the following categories: if he divides the annual leave with pay into segments in contravention of Article 56 of this Act; or if the pays annual leave with pay in contravention of the third or fourth paragraphs of Article 57 or if he pays less than the amount which is due; or, in the event of the termination of the employment contract before the employee has availed himself of the annual leave to which is entitled in accordance with Article 59, if he fails to pay the wages corresponding to this leave; or if he fails to implement in full the provisions of the regulation mentioned in Article 60.

Violation of the provisions on organisation of work:

Article 104. An employer or his representative shall be liable to a fine of five hundred million liras if he causes employees to work beyond the hours fixed in Article 63 or in the regulation issued in pursuance of this Article, if he fails to comply with the provisions of Article 68 as to rest periods; if he causes his employees to work more than seven-and-a-half hours on night work or fails to alternate night and day shifts contrary to Article 69, if he acts contrary to the provisions of Article 71, if he employs boys under the age of eighteen years or girls or women irrespective of their age on work in which their employment is prohibited by Article 72, if he employs children and young employees on night work contrary to the provisions of Article 73 and the regulation mentioned in that Article or acts contrary to the prohibition mentioned in the first paragraph of that Article, if he causes pregnant or confined women to work in periods before and after birth or fails to grant them leave without pay contrary to the provisions of Article 76, if he fails to keep personnel files mentioned in Article 75, or if he fails to comply with the provisions of the regulation mentioned in Article 76.

The employer or his representative shall be liable to a fine of one hundred million liras for each employee concerned if he acts contrary to the provisions envisaged in Article 64 and 65.

Violation of the provisions as to health and safety:

Article 105. The employer or his representative shall be liable to a fine of fifty million liras for each health and safety measure not taken if he fails to abide by the provisions prescribed in the regulation mentioned the first paragraph of Article 78 of this Act. A fine of the same amount shall be applicable for each ensuing month to the extent the said measures have not been taken .

The employer or his representative shall be liable to a fine of five hundred million liras for each of the following offences: if he acts contrary to the provisions of Article 77; if he opens an establishment without obtaining a permit for its establishment or operation as prescribed by the second paragraph of Article 78; if he, contrary to Article 79, resumes operations which have been stopped or reopens an establishment which has been closed down without being permitted to do so; if he fails to establish an occupational health and safety board in the establishment as set out in Article 80 or obstructs the operations or fails to enforce the decisions of such boards; if he, in contravention of Article 81, fails to employ a medical practitioner or to form a health unit in the establishment; and if he fails to employ engineers or technical staff for occupational safety in contravention of Article 82.

The employer or his representative shall be liable to a fine of five hundred million liras if he employs, in contravention of Article 85, children under the age of sixteen in arduous and dangerous work or if he violates the age limits prescribed in the said Article.

The employer or his representative shall be liable to a fine of one hundred million liras for each employee involved if he fails to produce medical certificates for employees in accordance with Article 86 of this Act, and to a fine of one hundred million liras for each child involved if he does not procure medical certificates for children in accordance with Article 87.

The employer or his representative shall be liable to a fine of five hundred million liras if he does not respect the conditions and procedures set out in the regulations mentioned in Article 88 and 89 of this Act.

Violations as to employment services:

Article 106. The employer who performs employment services without procuring the permit envisaged in Article 90 of this Act shall be liable to a fine of one billion liras.

Violation of provisions as to the supervision and inspection of working conditions

Article 107. The employer or his representative shall be liable to a fine of five billion liras;
if he fails to discharge the duties envisaged in Article 92, or

if he fails to comply with the prohibitions listed in Article 96 of this Act.

Persons who obstruct the performance and conclusion of the labour inspector’s supervision and inspection work based on this Act as well as on other legislation shall be liable to a fine of five billion liras, in addition to any other penalty which may be inflicted by law for a different offence.

Provisions as to application of administrative fines:

Article 108. The fines of an administrative nature envisaged in this Act shall be enforced, along with an explanation of the underlying reason, by the regional director of the Ministry of Labour Social Security.

The administrative fines indicated in this Act shall be enforced by the regional director of the Ministry of Labour and Social Security competent in the region concerned. Decisions on administrative fines shall be communicated to the persons concerned according to the Act No. 7201 of 11 February 1959 respecting administrative communications. Appeals may be lodged against such fines with the competent administrative court in seven days at the latest. Appeal shall not discontinue the enforcement of penalty given by the administration. The decision given upon appeal is final. Where a hearing is not deemed necessary, the appeal shall be concluded in the shortest time possible by the examination of documentary evidence.

Administrative fines levied in accordance with this Act shall be collected according to the provisions of Act No. 6183, dated 21 July 1953, on the collection procedures for public claims.


NINTH CHAPTER   Supplementary, Transitional and Concluding Provisions

Written Notification:

Article 109. The notifications envisaged in this Act shall be made to the person concerned in written form and upon obtaining his signature. The refusal to sign by the person to whom notification is communicated shall be documented on the spot in written form. However notifications within the scope of Act No. 7201 shall be made in accordance with the provisions of the said Act.

Special working conditions of janitors:

Article 110. Special procedures and principles concerning the scope and nature of janitors’ work as well as their working time, weekly rest day, national and public holidays, right to annual leave with pay and the janitors’ dwellings shall be laid down in a regulation to be prepared by the Ministry of Labour and Social Security.

Industrial, commercial, agricultural and forestry works:

Article 111. The Ministry of Labour and Social Security shall determine in a regulation whether or not an activity is to be deemed industrial, commercial, agricultural and forestry work.

Working conditions, employment contracts, wages and organisation work of those employed in activities deemed as agricultural and forestay work shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security.

Severance pay of employees working in certain public institutions and public organisations:

Article 112. Payments made, in the form of leave pay, to the personnel of institutions and organisations established by law or for whom the provisions of this Act and of Acts Nos. 854, 5953 and 5934 are not applicable, as well as employees of public institutions engaged on a contract basis, shall be regarded as severance pay.

Guarantee of wages of employees employed in certain jobs:

Article 113. Provisions of Articles 32,35,37 and 38 shall apply to employees working in establishments cited in subsections (b) and (ı) of the first paragraph of Article 4 of this Act. In the event of violations of these articles, relevant penal provisions shall apply to the persons concerned.

The Tripartite Consultation Board:

Article 114. With a view to promoting labour peace and industrial relations and following up legislative developments and implementations, a tripartite board of advisory nature shall be established in order to provide for effective consultations between the government and confederations of employers, public servants, and labour unions.

The working methods and principles of the Board shall be indicated in a regulation to be issued.

Opening canteens:

Article 115. With a view to meeting the needs of employees and their families, the employers shall assign adequate space for consumption cooperatives to be established by employees in establishments employing a minimum of one hundred fifty employees.

Article 116. The last paragraph of Article 6 of Act No. 5953 of 13 June 1952 on labour – management relations in the press has been amended as follows:

Articles 18,19,20,21 and 29 of the Labour Act shall be applicable by analogy.

Article 117. The phrase “of the Labour Act No. 1475” in the first paragraph of Article 30 of Act No. 2821 of 5 May 1983 on Trade Unions has been amended as “Article 21 of the Labour Act”.

Article 118. The following amendments have been made to Article 31 of Act Nı. 2821: the phrase “in 13/A, 13/B, 13/C, 13/D, 13/E” in the sixth paragraph has been amended as “in Article 18,19,20 and 21 of the Labour Act,”; the phrase “13/D of Act No. 1475 is amended as “Article 21 of the Labour Act,”; the phrase “13/A of Act No. 1475 “in the seventh paragraph has been amended as Article 18 of the Labour Act “, the phrase “13/A, 13/B, 13/C, 13/D and 13/E” has been amended as “Articles 18,19,20 and 21”.
Regulations:

Article 119. The regulations envisaged by this Act shall be issued within six months of its publication.


TRANSITIONAL ARTICLE 1. All other references made to Act No. 1475 in other legislation shall be deemed to have been made to this Act.

References to Articles 16,17 and 26 of Act No. 1475 made in Article 120 of this Act as well as in the first and second subsections of the first paragraph and in the eleventh paragraph of Article 14 of Act No. 1475 which has been left in force shall be deemed to have been made to Articles 24,25 and 32 of this Act.

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