Business Starters’ Legal Kit Part 4: Essential Turkish Labor Law Requirements for Employers

Att. Abdulkadir Argıllı

Introduction

Building a successful team is a cornerstone of company growth. Understanding key elements of Turkish labor law is crucial for employers, ensuring a compliant and productive work environment. In this article we will take a basic overview of labor law. In subsequent articles, we will provide more detailed information on important topics.

Employment Contracts: A Strong Foundation

A well-drafted employment contract establishes a clear foundation for the employer-employee relationship. Key elements include:

• Job Description: Clearly outlines the employee’s duties and responsibilities.
• Start Date and Probationary Period: Specifies the beginning of employment and any probationary period.
• Work Hours and Overtime: Defines regular working hours per week, overtime rates, and regulations regarding rest periods and breaks.
• Wages and Benefits: Outlines the employee’s salary, payment schedule, and benefits such as social security contributions, annual leave, and sick leave entitlements.
• Termination Clauses: Defines conditions for termination of employment by either party.

Essential Employee Benefits and Entitlements

After establishing a proper employment contract, it’s vital to understand core employee rights in Turkiye:

• Minimum Wage: Employers must comply with the government-mandated minimum wage.
• Social Security: Registration of employees with the social security system and payment of regular contributions are mandatory employer obligations.
• Working Hours: The standard workweek in Türkiye is 45 hours. Overtime work requires additional compensation.
• Vacation Leave: Employees are entitled to annual paid leave, typically starting at 14 calendar days and increasing with seniority.
• Sick Leave: Employees are granted paid sick leave for a defined period, determined by their social security status.
• Maternity Leave: Female employees are entitled to paid maternity leave and cannot be terminated during this period.
• Occupational Health and Safety: Employers must ensure the workplace adheres to established health and safety standards.

Employer Compliance Strategies

Implementing key strategies helps ensure your company’s compliance with Turkish labor law:

• Stay Updated: Turkish labor laws are subject to revisions. Remain informed about any changes.
• Maintain Accurate Records: Keep meticulous records of employee hours, wages, and leave entitlements.
• Disciplinary Procedures: Develop fair and transparent procedures for addressing employee misconduct.
• Invest in Training: Educate yourself and your managers on legal obligations regarding employee relations.
• Embrace Written Communication: Develop a company culture that prioritizes written communication over verbal communication. This strengthens proof in case of disputes.

Learning from Experience

Labor laws vary significantly across countries. This can lead to employer practices that differ based on their background. In Türkiye, dismissing an employee is subject to strict regulations. Failure to comply with these procedures can result in financial repercussions and damage the company’s reputation. As such, it is important for employers to be aware of the specificities of Turkish labor law and to act accordingly. Gaining a strong understanding of Turkish labor law and establishing crisis management plans are crucial for mitigating risks.

The next article will delve into the legal aspects of employee termination in Turkiye. Please continue with the part 5.

A Reminder About Business Starters’ Legal Kit: This article is a part of “Business Starters’ Legal Kit” series. As we explained in our introductory article, the articles in this series contain essentials only. For detailed information, you can review the articles in special categories on our website or contact us.

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