Law No. 4857
Acceptance Date: 22/05/2003
General Provisions Article 1. Purpose and Scope - The purpose of a business working conditions of workers on the basis of contracts with employers run this Act is to regulate the rights and responsibilities relating to the work environment.
This Law, 4th in all workplaces With the exception of Article applies regardless of the subject matter of activities of these establishments to their employers, employer's representatives and workers.
Workplaces, employers, employer representatives and workers, regardless of the date of notification stated in Article 3 shall be subject to the provisions of this Act.
Article 2 - a job with a real person working under a contract worker, the employer is a natural or legal person or employer to unincorporated organizations and institutions, called the business relationship established between the employee and employer. the material in order to produce goods or services by the employer and no elements is called business unit is organized together with the workers.
Employer with a commitment on the quality of the goods or services produced in the workplace and are organized under the same management (places connected to the workplace) and the rest, nurseries, dining, sleeping, washing, inspection and maintenance, body, and other add-ons such as vocational training and courtyard and tools are also counted in the workplace.
Workplace, are annexed to the establishment, all are within the scope of a business organization created by plug-ins and tools.
Acting on behalf of employers and business, to anyone involved in the establishment and management company called employer's representative. As such action against the employer's representative of workers and employers are directly responsible for its obligations.
All kinds of responsibilities and obligations for which the employer in this Act shall also be borne by the employer's representative. Acting in the capacity of employers, it does not eliminate the rights and obligations afforded to workers.
From an employer, the company in a part of or the actual business affairs assistant for the conduct that the goods or services produced in the workplace and business areas in jobs requiring expertise for technological reasons with the requirements of the job and not just the workers that commissioned it gets the job with other employers of what he received in the workplace, where employers It called the relationship between the principal employer-subcontractor relationship. This relationship principal employer, the employer against the employee took it from the law regarding the workplace, the obligations under the collective bargaining agreement is a party or subcontractor is responsible for the employment contracts with subcontractors.
Main employer's workers received rights to continue to be operated by the employer can not be restricted or before he was hired by a subcontractor relationship can not be established with one run in the workplace. Otherwise the general principal employer and subcontractor relationship assuming based on collusive processing from the beginning of subcontractor workers are counting process on principal employer. with the requirements of the business and work outside jobs requiring expertise for technological reasons it can not be divided by the actual work to subcontractors. notify the
Article 3 - establishing a business in nature within the scope of this Act, any transferee, no matter the reason, study subjects partially or completely altering or an end to any reason, operating and closing the workplace employer, workplace, title and address , executed the number of workers, study subject, the start or end of the day the business, their name and surname or title, address, name of employer representatives, if any, name and address must notify the regional directorate within a month.
Subcontractors, in this capacity for the production of goods and services caused by the provisions of the first paragraph is required to make notification to their workplace.
Exceptions specified in Article 4. The provisions of this Act does not apply to the following businesses and business relations;
A) sea and air transport activities,
b) less than 50 employees (including 50) in the agricultural and forestry jobs in the workplace is made or the company,
c) Any construction related to the remaining agriculture in the family economy limits works,
d) the extent of the third member, and 3 family (including 3 rd degree) from the outside of the relatives at home by joining one another and work is made of handicrafts,
e) domestic services
f) occupational health and Without prejudice to the provisions of security for apprentices,
g) about athletes, about
h) who rehabilitated,
I) Law No. 507 of Tradesmen and Artisans of the definition given in Article 2 of the three people in the workplace works.
That so far;
A) In coastal ports and docks, ships from land and land ships loading and unloading made,
b) work carried out in aviation All ground,
c) agricultural equipment and agricultural arts, and the workshop where the machinery and parts works seen in factories,
d) construction work in agricultural establishments,
e) public benefit that is the deficit or workplace plugin park and garden work,
f) are not covered by maritime Labour Law and not considered to be agricultural work, working at sea jobs related to aquaculture producers,
is subject to the provisions of this Act.
Principle of equal treatment Article 5 - based on language, race, sex, political opinion, philosophical belief, religion and sect discrimination based on reason and so on.
Employer-based reasons against part-time workers unless there is a full-time worker is not able to process different fixed-term workers against indefinite-term workers.
Employer biological reasons or reasons relating to the nature of the business dictate otherwise, a worker in the making of employment contract, the creation of conditions for development and implementation ended, sex or pregnancy, not due to the direct or indirect different treatment.
Indeterminable due to lower wages for equal or equivalent in sex work. Implementation of special protective provisions due to the sex of the worker
does not justify the application of a lower wage. When
business relation or termination of the employee violates the above provisions, the rights of the other deprived of a proper compensation in the amount of the fee may request up to four months. Article 31 of the Trade Unions Act 2821 provisions are reserved.
Employers Without prejudice to the provisions of Article 20 are obliged to prove that the employee acted contrary to the above provisions. However, the possibility of the existence of a breach of a worker's status revealed a strong showing, the employer would be obliged to prove the existence of such a violation.
Business or a part transfer
of Article 6 - when the business or transferred to another based on a part of a legal procedure, employment contracts existing at or part of the work on changes to the transferee with all rights and obligations.
Transferee employer on the basis of the rights of the worker's length of service is obliged to proceed according to the start date with the transferor employer's workers.
Case of transfer pursuant to the above provisions, those born before the transfer of the debt to be paid on the date of transfer and the transferor and transferee employers are jointly liable. However, deferring from this obligation from the date of transfer of the employer's responsibility is limited to two years.
Event of termination by the change of the legal entity merger or participation with responsibility or type shall not apply.
Transferor or the transferee employer can not terminate the employment contract simply because the transfer of the business or part of a business and does not constitute just cause for termination of the worker. Transferor or the transferee employer because of economic and technological or organizational changes is reserved rights of the just cause of immediate termination or termination of rights of workers and employers as required.
The above provisions do not apply for the liquidation of assets due to bankruptcy as a result of the business or a part thereof to another era.
ARTICLE 7 Temporary employment relationship the employer by taking the written consent of a worker during the transfer; When a holding, or in the same group of companies connected to another office or do it that does similar work in the operation, provided transfer temporarily to fulfill the act of doing business to another employer temporary employment relationship occurs. In this case, although continued bargaining, the workers of the work undertaken by this contract, established a temporary employment relationship employment contract against the employer would be obliged to fulfill. the temporary employment relationship is entitled to give instructions to the employer, the employee is obliged to provide the necessary training against health and safety risks to workers.
Temporary employment relationship made in writing to exceed six months, renewable up to two times as necessary.
Employer, costs will continue to pay obligations. employer to the temporary employment relationship, the fees paid at the time worked at the worker, the employer is responsible with the debt regardless of workers and social security contributions.
Workers are on temporary work and work established business relationship with the damage caused by the defect is responsible employer. otherwise it does not understand the workers on temporary contracts, temporary employment relationship arrangements established in this Act relating to other rights and obligations of the employee applies to the relationship with the employer.
Workers temporarily transferee employer is the party to a collective labor dispute and a strike from the lockout phase, workers can not be operated during the implementation of strikes and lockouts. However, the 2822 Collective Bargaining Agreement, Strike and Lockout Act the provisions of Article 39 are reserved. Employers, workers must engage in their workplace during the strike and lockout.
Public workers remove their removal from the date of the visit establishments subject of collective dismissals within six months of work in temporary employment relationship does not occur.
Business Contract; Types and Termination
Definition and form
ARTICLE 8. - Employment contract, one party (workers) act as a dependent, the other party (employer) fees consisting assume payment it is a contract. Employment contract, unless otherwise stated in the Act, is not subject to a specific shape.
Time must be made in writing of the employment contract for a year and more. These documents are exempt from stamp duty and all kinds of fees.
Written agreement made by states in the general and specific operating conditions within two months, the employer, the employee, daily or weekly working hours, basic wage and any wage supplements, wage payment period, the period specified the duration of the contract, they have to abide by the party in case of termination the provisions are obliged to provide a written statement showing. This provision shall not apply to fixed-term employment contract duration not exceeding one month. If the employment contract has ended before the two-month period, at the latest on the expiration of this information must be given in writing to the employee.
Type of work and the freedom to determine the contract ARTICLE 9 - The parties to the employment contract, without prejudice to the restrictions imposed by legislation can be organized in accordance with their needs.
Employment contracts made for a definite or indefinite term. These contracts are full-time or part-time work in terms of format or probationary or can be created in other species.
Permanent and temporary employment contracts in terms of Article 10. Qualifications most thirty business days to work with discontinuous work, which it called a permanent job to go on.
This Act 3, 8, 12, 13, 14, 15, 17, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 53, 54, 55, 56, 57, 58 , 59, 75, 80 and Article 6 does not apply to temporary employment contracts made in temporary employment. In temporary jobs, the matters contained in this article of the Code of Obligations shall apply.
Definite and indefinite-term employment contracts ARTICLE 11 - although no business relationship based on a contract for an indefinite period of time is counted. The contract made in written form from fixed-term work or the completion of a certain job or certain cases, depending on the objective conditions, such as the emergence of a fixed-term contract workers with employers.
Fixed-term employment contract, unless a substantial cause multiple overlapping (chain) can be made. Otherwise, the employment contract of indefinite duration from the outset accepted.
Chain contracts based on essential reasons, they remained the fixed term.
Definite and indefinite-term employment contract of distinction borders
ARTICLE 12 - An employee working under a fixed-term employment contracts, separation is a justifiable reason, unless, due to the duration of the only business contracts held different processing subject, according to a comparable employee employed on an indefinite-term employment contracts .
Workers with fixed-term employment contract to be divided for money to be paid wages and benefits based on a certain time is given in proportion to the time spent by the employee. To take advantage of any operating condition when the same workplace or sought retirement spent in business fixed term for workers according to labor contract termination implemented unless there is a reason to justify, apply seniority basis about running a comparable employee with an indefinite-term employment contract.
Comparable employee is a worker employed in the same or a similar job indefinite-term employment contract. In the case of such an employee does work, but at an appropriate workplace branch of activity or undertaking similar work are considered workers employed on an indefinite-term employment contracts.
Part-time and full-time employment contract
Article 13 - the worker's normal weekly working time, according to the precedent workers with full-time employment contracts in the event of significantly less Determination contract is part-time employment contracts.
Run part-time workers with bargaining, discrimination, unless a justifiable reason, a full-time job only because of the partial term of the contract shall be subjected to different treatment based on precedent workers. Wages and benefits for the money can be divided into part-time workers are paid in proportion to the time worked by full-time equivalent workers.
Comparable employee who is employed full-time are in the same or a similar job. In the case of such an employee does work, in accordance with workplace branch of activity driven by full-time employment contracts for the same or similar work undertaken workers prevail.
Workers at the workplace, public places to be taken into account when appropriate qualifications from full-time to part-time or full-time from part-time to requests to move into empty spaces employer and announced in due time. work on
Call Article 14 - Written contract with workers doing undertake its work by itself as business relationship determined will fulfill the business vision act if needed, it is a part-time job contracts based on on-call work.
Week, month or year as a period of time determined by the parties in if they tried to how long the workers agreed weekly working time is counted twenty hours. Do workers are employed at the time set for execution of work on call or not entitled to wages. employer who has to fulfill its business vision
workers the right to demand from the debt through the call, the call, unless otherwise agreed, must make at least four days prior to the time the employee will work. calls on the appropriate time worker is obliged to fulfill the act of seeing. The daily working time agreed upon in the contract, the employer is obliged to employ the worker for at least four hours a day on top of each call.
Trial term employment contracts ARTICLE 15 - When an attempt was made to record Parties bargaining agreement, the duration can be up to two months. However, the trial period can be extended to four months in collective labor agreements.
Trial period of the parties without the need for the notice period may terminate the employment contract and compensation. wages and other rights of the workers for the days worked reserved. The bargaining teams formed by
contract Article 16 - one of a number of these workers represent a challenge brought by several workers, called the team contract agreement made in his capacity as the employer side guide.
Team of the contract, irrespective of the duration of employment contracts which are to be established, must be made in writing. identity and credit of all workers in the contract are charged separately.
Names of teams after starting each of the written contract workers, it sets the conditions specified in the contract between employer and employee an employment contract is deemed to be made. However, pursuant to Article 110 of the Code of Obligations regarding the provision of the contract team also applied.
Starting work with the labor agreement established the wages and employer or his representative must pay separately for each. Team to guide, through a net work or other deductions may be made from the wages of employees why the team.
Article 17 Notice of termination - and it must be notified to the other party prior to the termination of indefinite term contracts.
a) to workers who took the job less than six months, two weeks after starting from the notification to the other side,
b) Work for workers who take up to six months and a half years, starting from four weeks after the notification to the other side,
c) to workers who take up a third of the job and a half years years, then six weeks starting from the to the other side of the notification
d) Work lasted more than three years working, eight weeks after the serving of notice,
the other party.
This period may be increased to a minimum is contracting.
side does not meet the notification requirement, you must pay compensation in the amount charged for the notice period.
Charge of the notice period the employer may terminate the employment contract by paying in advance.
Employer to comply with the notification requirement or notice period to terminate the contract of the fee paid in advance by this Law, 18, 19, does not preclude the application of the provisions of Article 20 and 21. Article 18 of this Act pursuant to paragraph 18, 19, 20 and Article 21 of the employment contracts of the workers beyond the application areas, compensation in the amount of three times the termination in cases where the employee notice period using the abuse of the right of termination will be paid. Failure to comply with the notification requirement also requires the payment of compensation for termination under the fourth paragraph.
In this article based compensation to be paid for the notice period to belong advance fee payable account Article 32 is provided to workers in addition to the charges written in the first paragraph of money or measured with money benefits arising from the possible contract and law are also taken into consideration. be based on a valid reason to
ARTICLE 18. - Thirty or more sweatshops in which terminate at least six months indeterminate term contract workers with seniority employer's business or its or behavioral competence of the worker, a current resulting from the establishment or business need It must be based on reason.
Retirement account for the six-month period in Article 66 of this Law are considered.
In particular, the following shall not constitute a valid reason for termination:
a) union membership or outside working hours or during working hours with the consent of the employer to participate in union activities.
b) make a trade union representative.
c) against the employer to follow the laws or regulations or contractual rights to resort to administrative or judicial authorities, or to participate in the process has been initiated in this regard.
d) race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion and similar reasons.
e) provided for in Article 74 and does not come in time to the employment of women workers is prohibited.
f) Article 25 due to illness or accident (I) of subparagraph (b) temporary absence from work during the waiting period prescribed in sub-paragraphs.
Six-month seniority of the worker, the employer is calculated by combining the same time or in a different workplace. If there is more than one establishment in the same branch of the employer, the number of workers in the workplace is determined by the total number of employees in these establishments.
Referred the whole business and administration who pushed the whole business with the employer representatives and assistants and governing and employee recruitment and this article about the dismissal authority with employer representatives, 19 and Article 21 with Article 25 last paragraph of the Article does not apply. procedures in the termination of the contract
ARTICLE 19. - The employer notice of termination in writing and must indicate the reason for termination and clear precisely. indefinite period without the defense against the claims of a worker on
bargaining, he irrevocable reasons relating to the behavior or efficiency of workers. However, the employer Article 25 (II) in accordance with the termination rights reserved subparagraph conditions. objected to
Notice of termination and procedure
ARTICLE 20. - Employment contract terminated employee, the reason he or displayed to show cause in the termination notice from the date of a valid reason for the alleged lack of notice of termination of the notification can be filed with the labor court within a month. If the provisions of the collective bargaining agreement or the parties mutually agree dispute is taken to the special referee at the same time.
Is a valid reason for the termination based on the burden of proof is on the employer. Workers, if he claims that the termination based on another cause, is obliged to prove his claim.
Case series concluded within two months, according to the court procedure. if the appellate court's decision is a final decision within a month the Supreme Court.
Special referee's formation, operation principles and procedures determined by a regulation. Consequences of termination made to
ARTICLE 21. - The reason given or the alleged employer reason to show are determined by the court or the arbitrator does not apply when deciding on the invalidity of the termination, the employer must start work within a month. upon the application of the employer it does not start work within a month, at least four months and eight months' wages for most workers would be obliged to pay compensation amount.
Court or the arbitrator decided the termination invalid, it determines the amount of compensation payable in case of hiring workers.
until the final decision is not operated for a period of up to four months who were born in wages and other benefits are paid. If
workers started work, severance pay and remuneration paid in advance of the notification period shall be deducted from payments to be made in accordance with the above provisions. If the work has not started working on the period of notice is not given time or notification of fee paid in advance, the amount is also paid fees related to this period.
workers from the notification of the final decision of the court or the arbitrator must make an application to the employer to start work within ten business days. The worker does not apply within this time period, the termination by the employer is considered a valid termination and the employer is responsible only for the legal consequences.
This article first, second and third paragraph shall be modified in any way by contracts; Contractual provisions to the contrary is void. Termination of change and job contract
ARTICLE 22. - The employer, employee regulations on the additional nature of the employment contract or employment contracts and similar sources or a change based on the working conditions caused by workplace practices but may by written notice to state workers. changes accepted in writing within six working days and made by workers in accordance with this form does not bind the workers. Labour does not agree with the proposed amendment within that period, another may terminate the current explain why in writing and that the employment contract by the employer to comply with the notice period or the change is based on a valid reason for termination. Workers may sue in this case according to the provisions of Articles 17 to 21.
Parties can always change the working conditions of mutual agreement. Change in working conditions can not be retroactive.
New employer's responsibility
ARTICLE 23 - Duration of workers who have entered into an employer's business with specific or non-permanent employment contract, enters before the end of the contract term or notice period to the without complying with the work left to another employer's business and the contract due to the termination in this way, Besides the responsibility of the workers, as well as with the new employer is also responsible for the following cases:
a) Workers in this behavior is caused by the employer enters new work.
b) the new employer, the worker is hired him knowing that this behavior.
C) After learning this behavior even if the new employer, the employee will continue to run it.
Worker rightfully so immediate right of termination ARTICLE 24 - Time to get certain whether or not the employee, the notice period or before the expiry of the period may terminate the employment contract in writing where the waiting:
II. Health reasons:
a) performing the work which is the subject matter of the employment contract of the dangerous nature of the job for a reason arising from the employee's health or life.
b) if the worker continuously and closely direct the employer or another employee with whom a worker is contagious or incompatible with the disease.
II. Ethics and circumstances and the like do not comply with the rules of goodwill:
a) the employer bargaining agreement made false qualifications or conditions show about one of the essential points of the contract; or if not fair information to mislead the workers say through words.
b) the employer or the worker's family members say the words to touch the glory and honor of one is found in the behavior or employee is found in sexual harassment.
c) The employer has Umeda bullying against one of the workers, or family members or if the threat data, or encourages one of the worker or family member to act against the law, provokes, drag, or workers and their families if a member commits a criminal offense, imprisonment against one or unfounded honor and dignity for workers If found serious charges or accusations.
d) other workers or third parties sexual harassment in the workplace by the workers and although this does not take the necessary measures to inform the employer.
e) If the employer does not charge calculated in accordance with the provisions of law or the terms of the contract or not paid,
f) the payment of the fee per item or on the job keeps decided but also in cases where small business given the number and the amount you can do to workers by the employer, interim costs if the difference when meeting fees charged by the missing workers paid on the basis of, or working conditions does not apply.
III. Force majeure: In the workplace, where workers will work
require the suspension of work for more than a week with compelling reasons arise.
Rightfully so immediate right of termination of the employer
Article 25 - Time to get certain whether or not the employer, below or notice period before the end of the duration of the employment contract in writing cases may terminate the waiting:
I- Health reasons:
a) the employee has an illness arising from their caste or compact intemperance or from loose living or if not a disability, in succession to three working days or for more than one month to five business days of absenteeism will rise for this reason.
b) If the employee is in the nature of the disease can not be treated as being held and that there are drawbacks in the work in the workplace must be evaluated Health Board.
(A) the worker referred to in sub-clause for reasons other than illness, accident, labor and employment contracts for employers in cases of pregnancy termination rights; According to the working time of workers in the workplace arises after the cases provided for in Article 17 of notice period not exceeding six weeks. Birth and starts at the end of this time period in cases where Article 74 of pregnancy. But hang of the worker's employment contract does not work for wages not go to work because of the time. cases and the like that do not comply
II morality and good faith:
a) Employment contract required qualifications for one of the main points of this agreement when made or conditions for arguing itself that even though their presence in it, or not fair information or remarks tell the employee by the employer to mislead.
B) the worker, the employer or to touch their family honor and the honor of one of its members to engage in behavior or exert words, or the employer's honor and dignity to engage in groundless accusations and charges.
c) If the employee sexually harasses another employee of the employer.
d) Worker's employer or one of his family members to be annoying to other workers or employers or violates the provisions of Article 84.
e) If the employee abusing the trust of the employer, theft, such as employer's trade secrets to raise their accuracy and to engage in behavior that does not meet the commitment.
f) If the employee in the workplace, the more commits an offense punishable by imprisonment of suspension, seven days.
g) of the Workers' without permission from the employer or a legitimate excuse, not consecutive two business days or next business day of any vacation twice a month, or the continuation of a month three working days of the business.
h) where the workers doing the assignment of tasks to insist on doing even though it reminded him.
i) employee's own request or Savsan Amas due to endanger the safety of the work, the workplace property or not the machines found at hand, supplies or other goods and materials to inflict pay too degrees of damage and loss to the amount of thirty days wages. Force majeure III
workers with more than a week, prevented the emergence of a compelling reason to work in the workplace.
IV employee's detention or exceeds the notice period in case of absenteeism Article 17 arrested.
Workers termination of the claim does not reflect the reasons set forth in paragraph 18 above, may apply to a court within the framework of the provisions of Article 20 and 21.
Immediate time of exercising the right of termination
ARTICLE 26 - 24 and on the basis of states do not comply with the ethics and rules of goodwill shown in Article 25 that is recognized for employment contract termination authority, found in one of this kind of behavior from both sides that starting from the day he learned on the other side six business days after and can not be used in any case after one year from the actual realization. In the event, however, it does not apply to workers if a period of years provide a material benefit.
These cases because the workers or employer contract is entitled to claim compensation from the other party terminate within the period prescribed in the preceding paragraph.
New job search warrant Article 27 - Notification of time the employer is obliged to job search warrant is necessary for workers to find a new job without giving during business hours and wage cuts. It should not be less than two hours per day and the duration of the job search warrant may be added together and the time allowed workers want job search. However, employees who want to use the batch job search warrant, it will work day leave rastlat the previous days and must notify the employer in this case.
If the employer does not give you a new job search warrant or missing wages paid to the employee for the time he uses.
Employer, the worker is allowed to run using workers on the job search warrant fee will be in addition to the money without work, raised the fees it pays one hundred percent of the time running.
Article 28 Working document - Here's a leaver, a certificate showing the time and what is the kind of employment.
Document or failure to timely given incorrect information from the damaged document does business in the field of workers' Or, workers can seek compensation from former employer's new employer.
These documents are exempt from all duties and charges.
Collective dismissals ARTICLE 29. - The employer; economic, technological, structural or similar business, if you want to remove public workers as a result of need in the workplace or business, do it with a written notice at least thirty days, the shop stewards notify the regional directorate and Turkey Business Council. The number of workers in the workplace
a) between 20 and 100 workers, at least 10 workers
b) Between 101 and 300 workers, the workers at least ten percent,
c) 301 and more, at least 30 workers,
Business to Article 17 in accordance with and on the same date or different dates in a month's time considered to be the last collective dismissals.
Reasons for removing the notification made pursuant to the first paragraph of workers, there is information on what will happen in the time of the dismissal process and that the number of workers affected and groups are required. After
Notice in talks between employers and shop stewards are handled collectively prevent the dismissed workers or to minimize the issue of negative effects for workers to remove or reduce the number of workers to be issued. At the end of the interview, edited a document indicating that the meeting was held.
Notification of termination, the employer collective dismissal request from the notification of the regional directorate shall have effect thirty days later.
Commercial completely closed if an end to the activities of precise and continuous way, just in case the employer is at least thirty days prior to the relevant regional directorate of Turkey and obliged to notify the Employment Agency announced in the workplace. Since the finalization of the public workers remove the employer wants to reinstate the workers with the same qualifications for the job within six months if nature calls preferably suitable for work.
Season and about the dismissal of workers in the campaign work is to be made depending on the nature of these jobs layoffs, provisions on collective dismissals will be charged.
Employer provisions relating to the collective dismissal of 18, 19, can not use in order to prevent the implementation of the provisions of Articles 20 and 21; otherwise the employee may file suit according to this article.
Disabled, ex-convicts and terror victims requirement to employ
ARTICLE 30. - The employer of fifty or more workers in their workplaces run from the beginning of January each year to enter into force in the ratio of Ministers will be determined by the Board with disabilities and ex 3713 Anti-Terror Law additional Article 1 (B) employed in accordance with paragraph compulsory victims of terror professional workers are obliged to operate in accordance with their physical and mental state affairs. The total ratio of workers to be employed in this context is six percent. However, the rate will be determined for the disabled, it can not be less than half of the total rate. The province of the same number of workers is required to run business having more than one employer in this context in is calculated according to the total number of workers.
The workers employed by the indefinite-term employment contracts and fixed-term employment contracts in determining the number of workers employed in this context is taken into account. According to partial term contract employees, converted to full-time work considering working hours.
fractions up to half the calculation of the rate is not taken into account, it converted to a full half and more ones.
While the Office of the injured worker, give priority to former prisoners or victims of terrorism. workers are obliged to run
Employers provide via Turkey Business Council.
qualifications of workers employed in this context, which can run jobs, their workplaces against the occupation and where they can be special conditions outside the general provisions be, how they will be recruited from the professional aspect, a regulation will be issued jointly by the Ministry of Labour and Social Security and the Ministry of Justice.
Groundwater and the water does not run in six disabled workers and employees work in underground and underwater work in determining the number of employees according to the provisions above shall not be taken into account.
Had to leave the disabled from a workplace in the middle of the subsequent disability mold shield workers if they want to be hired again in the former workplace, the employer if their previous jobs or similar jobs in the space immediately, preferring to first work other bidders or to be discharged, he must get to work with the conditions at the moment . Although the employer does not fulfill his obligation to the employment contract that required conditions, pay compensation amounting to six months' wages to former workers in the hiring request.
special provisions relating to services related to public safety in the operation of the law of ex-convicts are reserved. the
Council of Ministers with disabilities on the rate to be determined and employers of ex-convicts and terror for employers quotas more worker running victims with disabilities and running disabled even though they be obliged to execute convicts or working power of the disabled lost more than eighty percent for each of the handicapped that they run this way No. 506 according to the social Security Act required employers to pay fifty percent of the shares of insurance premium itself, the Treasury pays fifty percent.
Fines to be collected in accordance with Article 101 in cases of violation of this article Turkey Business Council recorded as revenue to be opened by the special order of the Ministry of Finance budget. vocational training and rehabilitation of disabled and ex-convicts monies collected on this account shall be transferred to Turkey Business Council to be used in such projects and establish their own business. where the collected money and how much will be the coordination of Turkey Business Association General Directorate of Labour and Social Security Ministry Directorate General of Labour, Occupational Health and Safety Directorate General of Disability Administration, Ministry of Justice Prisons General Directorate, Turkey Disabled Association and most workers and the parent organization representing the employer shall be decided by a committee consisting of a representative. The Commission's working methods and principles of Labour and Social Security Ministry issued a regulation to be issued.
Military and work arising from the law Article 31 - Active duty military duty other than starting the day the maneuver or any reason weapon under taken Or, the workers separated from any statutory duty assignment because of a work contract quit his job two months later, the employer shall be deemed terminated.
Workers to benefit from this right that the employee must have worked at least one year. It corresponds to a year for each additional year of hard work, but also added two days. So far, all of this period can not exceed ninety days. The wages of workers within the anticipated time needed to be considered terminated the employment contract does not handle
. However, the provisions of the special law on this point is reserved. This time the law on the basis of the nature of the employment contract to another reason, even if the other party has been notified of termination by the employer or employee, to termination period in which the law starts to run after the expiry of this period. However, fixed-term employment contracts made in this article shall not apply if the contract expires within the period indicated above.
Any military and statutory duty so workers who quit his job if that from the beginning of the end of the homework if they want to get a job within two months employers in their previous jobs or similar jobs in the space immediately or by choosing the first job other bidders will be empty, then work with the conditions at the moment It is difficult to get. Although the employer does not fulfill his obligation to the employment contract that required conditions, it shall pay compensation in the amount of three monthly fees to former workers. PART THREE
Fees and Fee Payment of fees Article 32 - In general wage is the amount a person on a business money provided by the employer or a third party and paid for with money.
Charge, as a rule, the Turkish lira will be paid by the office or a bank account specifically opened. Fees may be paid in foreign currency as agreed by the Turkish currency market on payment day.
Emre writer deed (the bonds), coupons or dorms allegedly represents a valid currency deed or any other form of payment can not be charged.
Fees paid a month later. time employment contracts or collective bargaining agreements with payment of the deductible up to a week.
the end of the employment contract, to be measured by money from the contract and the law of nature and the wage must be paid in full of the possible benefits.
Pubs and other entertainment venues and retail shops and stores selling goods, with the exception of employees, payments can not be made.
wage claims in the limitation period is five years.
The insolvent employer
ARTICLE 33 - declared concordat of the employer, the reasons for insolvency certificate is withdrawn or bankruptcy of the employer, to be effective in cases where the fall of the employer's insolvency, unemployment in order to meet the last three monthly fee receivables arising from the employment relationship Wage Guarantee Fund under a separate insurance fund is created.
Wages Guarantee Fund, employers unemployment insurance is one percent of the annual total of the payments as contributions. Wage Guarantee Fund and the formation of the principles and procedures relating to the implementation of Labour and Social Security Ministry issued a regulation to be issued.
ARTICLE 34. Fees to be paid on the day - from fee payment day unpaid workers outside a compelling reason within twenty days, you can avoid fulfilling its business vision debt. Therefore, to fulfill the work by employees based on their personal decisions as a collective character numeric even if the accident does not qualify as a strike. The highest interest rate is applied to the deposit for unpaid wages in the day.
Employment contracts of those workers therefore can not be terminated solely because they work and instead new workers, these jobs can not be assigned to others. The reserved portion
wage ARTICLE 35. - More than one-fourth of the monthly wages of workers and confiscated can not be assigned or transferred to another person. However, the amount that will be appreciated by the judge for family members that you have to take care of the workers are not included in this sum. The rights of alimony creditors reserved.
Pay cut obligation of public authorities and the progress of the principal employer
Article 36 - General and annexed budget of the local authorities with apartments or state-owned enterprises or private law or private law formed the basis of the authorized banks and institutions; the main employers of any kind as to the contractor building the bridge, line and road construction, such as construction and repair of workers from the control of the presence of those who paid contractor or contractors, charges, or fees paid workers on application, if the unpaid fees are based on the payroll will be requested from contractors or subcontractors that charges them they pay the payments.
The progress of work will be paid by the relevant authorities for conducting construction work notice board or written declaration to places such as places where workers can see the bulk of the workers announced by hanging. name for more than three months the amount of the fee for each vesting period will receive the wages of workers who do not fall any responsibility for the administration. after all transfer and handover procedures or foreclosure and enforcement proceedings of
said contractors will be on every level of assurance and progress in these employer separated parts to meet the take charge of workers that work, it shall take effect on the remaining portion.
An employer's equipment at the workplace because of the debt to a third party, supplies, raw, semi-processed and will be on fully processed goods and other assets in enforcement proceedings, to take charge in the previous three-month period from the date of the judgment enforcement of workers in the workplace after leaving to meet part, it shall take effect on the remaining portion.
Powers given to public entities and other organizations in this article all employers responsible in accordance with the sixth paragraph of Article 2 is authorized to be.
Pay slips ARTICLE 37. - The employer or the workplace shows the worker wage payments made to bank accounts in the workplace must give signed or a compass bearing the special mark.
More work with the period in which the compass pay day and the relationship, weekend holidays, and public holidays fee amounts include every kind made to the original fee, and taxes, insurance premiums, reimbursement of advance payments, alimony and executed as separate display of all kinds of cuts must.
These transactions are exempt from stamp duty and all kinds of fees.
ARTICLE 38. Fees impose a fine - the employer's wage for reasons other than those indicated in the collective agreement or the employment contract does not impose a fine. immediate deductions as fines
workers' wages must be reported together with the reason. Two daily wages of workers per month or part of the cuts made in this way or according to the amount of work done in the worker's wage can not be more than a two-day gain.
These coins worker training and to spend extrapolated to social services will be specified by the Ministry account of the Ministry of Labour and Social Security, established in Turkey and accept deposits having the authority of one of the banks are starting ceased deposited in a month. Every employer is obliged to keep a separate account of the money. Also attended by the fines accumulated where and how much will be given the chairmanship of Labour and Social Security Minister and workers' representatives will be decided by a committee. This committee will consist of the who, how and indicated in a regulation to be issued which will operate according to the principles.
Minimum wage ARTICLE 39. - employees with an employment contract and this is within the scope of the law or without any kind of workers' economic and social conditions Labour and Social Security Ministry of the Minimum Wage for the regulation of the Commission for Determining the minimum limit of wages through the are a determining at least two years.
Minimum Wage Fixing Commission, Labour and presided over by one member to be determined by the Social Security Ministry of Labour and Social Security Ministry of Labour Director General or his deputy, Occupational Health and Safety Director-General or his deputy, State Institute of Statistics Economic Statistics Department Director or his deputy, Treasury the representative of the State Planning organization of the five on-site with an attendant will give the apartment head or authority on the subject of the Undersecretariat of most workers is the highest workers' organizations of activity selected for the various lines of business within its structure from most employers have employer organizations board of five representatives to be elected for different lines of business. Minimum Wage Fixing Commission convenes with the participation of at least ten members. The Board shall decide by majority vote of its members. In case of equality of votes, it shall have achieved the majority of the side of the President.
Commission decisions are final. The decision was published in the Official Gazette enter into force.
Collection and operation of the Commission president by the principles to be applied when determining the minimum wage, honorarium will be given to members and rapporteurs are described in the regulations to be prepared with the Ministry of Finance and Ministry of Labour and Social Security.
Secretariat services of the Minimum Wage Fixing Commission, Labour and fulfilled by the Ministry of Labour.
ARTICLE 40 - 24 and Article 25 of the (III), the number who can not work due to the reasons indicated in paragraphs or so run not working for a week during this waiting period will be paid half the cost for each day.
Overtime wage ARTICLE 41. - The country's interest, or may be performed more work, such as the nature or increase the output. More work, under conditions specified in this Act, work in excess of forty-five hours per week. According to the Article 63 provision in cases where the application of the equalization principle, the average weekly working time of the employee, on condition that it does not exceed the normal weekly working time, a total of forty-five hours exceeds even that work in some weeks more work does not count.
fees to be paid for each hour of overtime is paid by means of increasing the amount of fifty percent of the normal working hours per charge.
Weekly working time of forty-five hours in cases where specified under the contract exceed the average weekly working time applied within the above-mentioned principles and the work done so are working with more than forty-five hours. In studies with more time, fees to be paid for each hour of overtime is paid by increasing the amount of twenty-five percent of normal working hours per charge.
If overtime work or want workers who are working with more than that studies money instead of surcharge fee, one hour and thirty minutes for each hour they worked more than an hour and fifteen minutes for each hour worked more than you can use the free time.
deserved free time workers within six months, use of working hours and wages without any interruption.
Third in the last paragraph of Article 63 or limited short-term jobs due to health reasons and more work done in the 69 th night work specified in Article.
More must be cleared with the employee to work with the clocks.
The total running time of more than one year can not exceed two hundred seventy hours.
Much of the work and its more than indicated in the regulations to be issued will apply to you.
Work more imperative reasons
ARTICLE 42 - during both a failure, should, if deemed possible a fault or machine or vehicle and immediately made the necessary urgent matters for the equipment, or the occurrence of force majeure, the establishment does not exceed the degree to ensure the normal operation all or part of the workers with the condition may be more work done. In this case more appropriate to work employees must be given a rest period.
So far, the Article 41 studies with more compelling reasons for first, second and third paragraphs shall apply.
States of emergency overtime
ARTICLE 43. - During the Mobilization, and this time not to exceed provided homeland defense of the need to meet workplaces more work needs according to the type of if deemed affairs and the degree of need for the Council of Ministers daily working time, can enjoy the most working power of the workers.
Thus Article 41 executed more about the fees to be paid to workers first, second and third paragraphs shall apply.
Work on national holidays and public holidays Article 44 - the national day and decided by the collective bargaining agreement or whether attempts have been made in workplaces throughout the holidays. approval of the employee to work on the days in question is required if there is no provision in the contract.
These days, the fees are paid in accordance with Article 47.
Reserved rights Article 45 - Collective bargaining agreement or employment contract of the week holidays, national holidays and the rights granted to workers on a public holiday, the workers paid vacations and so the procedure can not be provisions contrary to the rights recognized by this Law.
More favorable laws that provide rights and benefits to workers in these matters, collective bargaining, acquired arising from employment contracts or customs rights reserved.
ARTICLE 46. - In establishments covered by this law, without interruption for at least twenty-four hours rest in a seven-day period, with the condition that the workers worked 63 third day, as determined by the material before the vacation (weekend holidays) It is issued.
non-working day of the week for holidays without a job exchange for the fee is paid by the employer on that day exactly.
That so far;
a) The study considered the state of the working time law once daily fee paid or unpaid holidays arising from contract law or,
b) up to three days' mother or father, spouse, siblings or children to be given up to three days of leave periods death,
c) to stay in a given week period allowed by the employer with a medical report with other diseases and convalescent leave, are taken into account as
Challenging week of work and in the workplace by the employer without economic reason if it is a holiday for a few days or non-working days of the week trying to qualify for the deemed paid vacation week.
When a job in the workplace once a week requiring the holidays with more than force majeure occur, 24 and Article 25 of the (III) the number of paid workers to challenging days not worked due to the reasons indicated in paragraphs paid for the weekly rest day. week holiday in establishments where the
percent fee shall be paid to the employee by the employer.
Remuneration for holidays
ARTICLE 47. - Employees in establishments covered by this law, if the law at work in the days of national holidays and adopted as a general holiday, exactly that charges the day without a job for money, they work by making holiday also studied every a daily fee is paid for the day. national and public holiday pay of workers in establishments where the
percent shall be paid to the employee by the employer.
Temporary incapacity ARTICLE 48 - when it should be given temporary incapacity benefit to workers coincide with the duration of temporary disability, national holidays, public holidays and weekly rest days, paid over the size of temporary disability by payment institutions or crates.
Cause disease in days not worked with the Social Security benefits of temporary disability paid by the Agency shall be deducted from the salaries of the monthly paid workers. According to the way the resort fee charge
ARTICLE 49. - Labor day holiday is a day of days worked by falling wage costs.
Per piece, tuning, or take duly percent of workers with vacation costs is calculated by dividing the days worked during the same time period to pay the fees earned.
seven and a half the hourly rate of workers with vacation fee hourly rate is solid.
Sick, on leave or other reasons to be excused, even in cases where the monthly wage workers paid full pension 46, 47 and the first paragraph of Article 48 shall not apply. However, of the national and also the employees to work on public holidays is paid a daily fee for each day.
Resort fee to enter the parts
ARTICLE 50. - The fees charged as overtime money, premiums, workplace-based workers in preparation outside of normal working hours, supplement wages they receive for these jobs of workers in cleaning jobs and welfare, national holidays week vacation and will not be taken into account in the determination of fees for public holidays. Payment of
percent ARTICLE 51. - hotels, restaurants, entertainment venues and the drink with similar places and now there defeated the places that sell a variety of food to drink "so" money service by the employer in the institutions where the procedure is applied or other names with customer accounts compass "so" or separately in addition to the money received by the customer or by the employer voluntarily left the money collected together under his control, is obliged to pay in full for all workers in the workplace employers.
Employer or his representative as complete when the money received by him referred to in the above paragraph is obliged to certify that distributed to the workers. Depending on the nature of the work done
percent of the money collected from among the workers in that establishment, which will be distributed on the basis and frame rates to be prepared by Labour and Social Security Ministry indicated in a regulation. Documenting
percent ARTICLE 52. - In establishments where the percentage wage method, of a certificate indicating the overall total of each employee is obliged to give a reckoning of them representatives of their choice. These documents will be displayed in the application form and procedures, employment contracts or collective bargaining agreements.
Annual paid holidays and vacation time ARTICLE 53 - Since its start in the workplace, including the trial period, the annual fee is allowed to workers who have worked at least one year.
annual permit fee indispensable. Qualifications less than a year due to seasonal or campaign
provisions relating to paid annual leave of this Act does not apply to employees in their work.
period of paid annual leave to be granted to workers' length of service;
a) up to a year for five years (including five years) to the fourteen day
b) five years to fifteen years to less than twenty days,
c) Fifteen years (inclusive), and more with the twenty-six days, it could not have been less
But in the age of eighteen and fifty workers with smaller and more will be given to workers in the age of paid annual leave can not be less than twenty days.
Length of annual leave may be increased by employment contracts and collective bargaining agreements. entitlement
annual leave and use the application period
Article 54 - workers in the time required to account to qualify for the annual leave with pay, as employers are considering combining the time they work in one or more establishments. So far, to join an employer in the workplace for workers who work in the employer's workplace within the scope of this Act the same time they have spent on the scope of this Act to enter into an account.
One-year period in Article 55 of the mentioned case of interruption of ongoing employee for reasons other than circumstances added to the length of service up to meet those gaps and need for them to obtain the right to let this way, workers will be transferred one year of service time of the end date for next year service.
A worker's years of service will have to pass to permit rights, allowing the right and above the previous paragraph to the right starting from the day of his birth next year and services is calculated in accordance with the provisions of Article 55.
Workers will be calculated according to the above paragraph and the provisions of Article 55 for every year of service, years of service in the future will use his annual leave.
Same ministry with dependent businesses time and state-owned enterprises in the same ministry due to legal persons, businesses or private law or established on the basis of the authority granted by special law banks and institutions or periods in their affiliated businesses, are taken into account in the calculation of the right to paid annual leave for workers. reckoned as having been worked in terms of allowing
ARTICLE 55 - The following periods are considered as having been worked in calculating the entitlement to paid annual leave:
a) Due to the illness that the worker suffered by accident or days can not go to work (However, Article 25 of the ( II) of subparagraph (b) does not count more than the period prescribed in sub-paragraphs.).
b) Women workers before and after birth in accordance with Article 74 of the days they do not run.
c) the employee's active duty military service because of the maneuver outside of any law or days can not go to work during the ödevlendiril (more than 90 a day this time of year does not count.).
d) work because of compelling reasons in the workplace is running a week of uninterrupted time so that through the work of the workers as a result of the holiday fifteen days (provided that workers begin work again).
e) said article in 66 times.
f) Weekend, national holidays, public holidays.
g) Law No. 3153 issued by another statute should be given to the employees from the market in radiological clinics, half-day permits.
h) participate in the workers' mediation meeting, the judges have on the boards, which make the establishment of employee representation tasks, parliament established working according to the legislation related to life, establishment of commissions and meetings or international organizations concerned with labor issues conference, attend the congress or the establishment of the worker or union representative as days because they could not continue to work.
i) up to three days for workers to get married, the mother or father, spouses, siblings or children in death will be allowed for up to three days.
J) shorter working hours in Article 65 and other permissions given by the employer.
k) paid annual leave to which workers given as a result of the implementation of this Act.
Implementation of annual leave Article 56 - Annual leave can not be split by the employer.
This permission within the period indicated in Article 53 must be provided on an ongoing basis by the employer.
However, as stipulated in Article 53 permits the third time, a part of the agreement of the parties may be divided into a maximum of three is not less than ten days.
other paid and unpaid leaves found in the given year can not be deducted by the employer or the rest
annual leave and sick leave.
Coincide with the duration of annual paid vacation days allowed on account of national holidays, time off does not count the weekend and public holidays.
Annual paid leave for the office of the board from where have prompted those who will spend somewhere else and going with these matters documenting the condition and to meet the amount of time spent on the road on their way back up to the employer a total of four days must allow free. Employers shows annual paid leave for workers in the workplace must keep a registration certificate. The annual permit fee
ARTICLE 57. - The employer, annual paid leave for each employee using his annual pay fees in advance before the start of the period allowed for the workers concerned or must give permission in advance.
This charge account Article 50 shall apply.
Daily, weekly or monthly basis, not based on the chord for a fee, commission, participation in profits and non-specific, such as percentage basis charge time and the remuneration of employees amounting to allow fees to be paid for the time, as the actual fees earned during the last one year period the division of work in the days to be found by calculating the average.
However, if it be raised to the wages of workers in the past year, it is calculated by allowing wages days division of work within the same period of the fees collected from workers allowed to leave the bear's head and hike incurred. This fee is applied where the
percentage basis, paid by outside money collected from employers percent.
Annual paid vacation time to coincide with weekend holidays, national holidays and public holidays are also paid fees.
Ban Footsteps of work ARTICLE 58. - If the annual leave to use the work in a job for a fee understood that within the period allowed by the workers with wages paid to him during this leave period may be withdrawn by the employer. Permit fee for the end of the
ARTICLE 59 - Work contract, for any reason, qualified for the workers if termination in charge of the annual leave period of use, will be paid to him or right holder over wages at the date of termination of the contract. Limitation of the employment contract for this fee starts from the date of the end. In case of termination of the employment contract by the employer, the
notification period stated in Article 17, giving workers new job search compulsory in accordance with Article 27 permissions are not allowed to overlap with the annual leave period. regulations concerning
Article 60 - Annual fee of permits, execution of the jobs will be used in which periods throughout the year, depending on the nature of the permission of what way and who will be given by or well connected to retain the measures to be taken by the employer to be useful and annual leave and procedures for the issue of the use of permits and the form of registers to be kept by the employer in a regulation to be prepared by Labour and Social Security Ministry.
Article 61 - Provision for annual leave period, excluding premiums, occupational diseases and accidents at work over charges for other insurance premiums, No. 506 workers in the framework of the principles of the Social Security Act and shall continue to be paid in terms of employers.
Reduction in wages circumstances that can not be
ARTICLE 62 - working time applied here is any kind of legally downloading the lower limit or because the fulfillment of a legal obligation incumbent on the employer or whatever from the wages of workers on the basis of the implementation of any of the provisions of this Act No matter which way decrement done.
SECTION FOUR Editing
Working time ARTICLE 63. - In general terms, working time is forty-five hours a week. Unless otherwise agreed, this period shall be divided equally by the days of the week in the workplace.
normal weekly working time by agreement of the parties, businesses working days of the week, not to exceed eleven hours a day, with different conditions can be distributed. In this case, the average weekly working time of workers in the two-month period may not exceed the normal weekly working time. collective bargaining with the equalizing period may be extended up to four months.
application forms to the above principles of working time, and a regulation to be prepared by the Social Security Ministry.
Health rules in terms of seven and a half hours a day, but less studied, and the need to work, study, and in a regulation to be prepared jointly by the Ministry of Health and Social Security Ministry.
ARTICLE 64. - stop business imperative reasons of national and public holidays from before or after the permit the establishment vacation to or attempted significantly below their normal working hours in the workplace for similar reasons or wholly by the resort or at the request of workers Giving the circumstances, employers may make up for the operation within two months downtime. These studies are not considered working with more work or more time.
Compensatory work, not to exceed the maximum daily working time requirement of three hours per day. compensation can not be assigned to work on holidays.
Short-time work and short-time working allowance
Article 65 - General economic crisis or compelling reasons to reduce weekly working time to temporarily dramatically in the workplace or workplace activities entirely or partially temporarily suspends the employer, the state immediately together with the reasons for Turkey Employment Agency , collective bargaining parties, if any, notice with a letter to the union. The appropriateness of the request made by the Ministry of Labour and Social Security. The principles and procedures determined by a regulation.
The establishment of the aforementioned reasons, at least temporarily stop work for four weeks or shorter working in situations of short-time working allowance from unemployment insurance to be paid to workers while they are not running. Short-time work, compelling reasons the continuation of time and can not exceed three months. To qualify for workers to short-time working allowances, working hours and unemployment insurance premium payment terms of number of days must fulfill the conditions for entitlement to unemployment benefits.
The amount of the daily short-time working allowance is equal to the amount of unemployment benefits.
Compelling reasons temporarily ceases operations wholly or partly in the workplace, unemployment benefit payments, Article 24 (III) and subparagraph starts after the one-week period provided for in Article 40.
During his short work of the workers receive sick pay and maternity insurance premiums Unemployment Insurance Fund will be transferred to the Social Insurance Institution by 2/3. This premium is calculated based on the lower earnings limit for the calculation of insurance premiums. The workers, unemployment will start to work again before completing the time to benefit from the allowances and unemployment 4447 to take advantage of the insurance Law No. remain unemployed realization conditions stipulated, after a short time working allowance take the time off, benefits previously deserved unemployment benefit period from up unemployment benefit charges.
The amount of short-time working allowance of temporary incapacity benefit to be paid within the payment period may not exceed the amount of short-time working allowance. In the period of temporary incapacity benefit is paid, disease and prescribed in this Article shall be paid maternity insurance premium. reckoned as
ARTICLE 66 - The following times are counted from the daily working hours: at
a) mines, quarries or any way whatsoever underground or to work under water to wells of workers at work, the cloisters or the actual work place stroke or tap into and the time required to go from this place.
b) on the road if they are sent to work in another location of the workplace by the employer's workers' time.
c) the employee's job and actually executing any moment but no one is ready to see the amount of time spent on work and leisure, waiting for work to come.
d) to be sent to another location by the employer or the worker or the employer about any home or office in a busy location not be spent by the time that without the real work.
e) the time allowed to provide milk for the children of women workers breastfeeding children.
f) railways, Construction of roads and bridges, such as conservation or repair and modification, the period during which the public and in an orderly manner taken and brought them all kinds of things should always be taken to be brought together to a distance in which businesses from settlements of workers.
doğmayıp employers by the sheer nature of the business in order to be taken to the social welfare office does not count in the vehicle during the time of the study period. start and end times of the working day
ARTICLE 67 - The beginning and end of the daily working hours of rest is announced to workers at the workplace.
start of work by the nature of the business and end times can be arranged in different ways for workers.
Rest breaks Article 68 - the tradition of the place that the average working time and the time of day by the workers adjusted to the requirements of the job;
A) four hours or more short-term jobs in fifteen minutes,
b) more than four hours and seven and a half hours (including seven and a half hours) the work lasts for half an hour,
c) seven and a half hours of work lasts an hour,
The breaks are given.
This rest period is at least given intervals.
But this time, climate, season, considering the nature of that business contracts where the traditions and may be taken as the interval.
Breaks may be the same or different times by the employees in a workplace.
The breaks are not counted as working time.
Article 69. Night hours and night work - working life, "night", starting at 20.00 hours at the latest until the early hours and 06.00'y period of up to eleven hours in any case.
According to the nature of some jobs and the need or traits of the country in some regions, for working life, "night" setting the taking back more or summer and winter hours of onset, or days to specify the number of hours the start and end of the period to determine the provision of application forms in the first paragraph by or on some nights working on put the method of payment of fees Or, at any rate more night run mAlArIndA regulations to ban night work of workers in the workplaces can be removed without economic necessity.
Night work may not exceed seven and a half hours of workers.
The state of health of workers is appropriate to run at night to night work, documented by a medical report to be taken before starting work. Night workers are subjected to run a periodic checkup by the employer once every two years. The costs of health checks of workers are covered by the employer.
Documentary evidence that the health workers who work at night because of the deteriorating employer, if possible give a proper day job in the mail.
Employers lists of workers to be employed in night shifts and taken before starting work for the workers and a copy of the medical report periodically to the relevant district offices are obliged to provide.
It operated day and night and take turns working in jobs that use mail, run a work week night workers, then from the second week of work put in by mail order to be run during the day. alternation of night and day shifts applied twice weekly basis.
Postal workers will be replaced at least eleven hours of uninterrupted rest can not be run without the other mail.
Preparation, finishing and cleaning jobs
ARTICLE 70. - Overall before certain working hours in an office or after the necessary preparation or completion or different conditions, such as how or whether the implementation of which the provisions relating to the organization of work for workers in cleaning jobs and procedures will be carried out in a regulation to be prepared by Labour and Social Security Ministry. Working age and restrictions on the employment of children
ARTICLE 71 - It is forbidden to employ children who have not completed the age of fifteen. However, he has attained the age of fourteen and children who have completed primary education, physical, mental and moral development of continuing education and will not prevent the continuation of the school employed in light work.
Children and their job placements for young workers and safety in operation can work, health, physical, mental and psychological development of personal skills and abilities are taken into account. The job the child of his to go to school, can not prevent the continuation of vocational training, does not harm its courses on a regular basis in the monitoring.
under eighteen years of age children and who have completed the age of fifteen with works prohibited for young workers, but have not completed the age of eighteen to allow young workers to study business, has completed fourteen years of age and children who have completed primary education can run light work and working conditions of the study and six months by the Ministry of Social Security determined by a regulation.
He has completed their basic training and working hours for children who can not go to school for more than seven hours and thirty five days. However, this period may be extended up day eight and forty hours per week for children who have completed the age of fifteen.
The children who attend a school during the working hours, including outside training hours can be a maximum of two hours and ten hours a week day. working time during the period when schools are closed shall not exceed the time limit prescribed in the above paragraph.
Place and a ban on underground water
ARTICLE 72 - cabling in mines, underground, such as sewage and tunnel construction or to work under water under eighteen years of age in the work of men and is prohibited to employ women of all ages.
Ban on night work ARTICLE 73. - under eighteen years of age on industrial work at night is prohibited to employ children and young workers.
Taking the opinion of the Ministry of Health rules and procedures for the execution of the fill was eighteen years old, female workers in night shifts in a regulation to be prepared by Labour and Social Security Ministry. Work permit and milk into
maternity ARTICLE 74 - Women workers before birth, after birth is essential that they are not operated for a total of eight and sixteen weeks, eight weeks. Multiple pregnancies are added if not executed before birth two weeks to eight weeks. However, health status, if appropriate, with a doctor's approval before delivery, if you want female workers may work up to three weeks. In this case, time is running female workers are added to the post-natal period.
Time periods mentioned above before birth by the worker's health status and the nature of work and then may be increased if necessary. These times are indicated in the physician report. paid women workers are allowed to periodic checks during pregnancy
Physician's report, if deemed necessary, run the lighter jobs to female workers. A reduction in fees is not made in this case workers.
The female worker, sixteen weeks of unpaid leave is given eighteen-week period up to six months after completion of the event or multiple pregnancies. This period shall not be taken into account in calculating the entitlement to paid annual leave. milk and a half hours total per day is granted for children under one year of breastfeeding women workers to
. This at what times and in how many workers will use this divide itself determines. this period of time is accounted for working time. Workers' personal files ARTICLE 75. - arrange a personnel file for each employee working in his. Employers in this file, besides the identity of the workers, this Law and other laws to keep all documents and records that have to edit and to show them in accordance to authorized persons and authorities when requested.
Employer, employee integrity of their knowledge about the rules and is obliged to disclose information contained in justifying the use of workers in accordance with the law and confidential.
Article 76 - Qualifications should not be implemented as foreseen in Article 63 of the daily and weekly working time job and not to exceed the daily legal working hours of establishments operating time and to provide the most up to six months equalization duration of the implementation of recognized and procedures Study and in the regulations to be issued by the Ministry of Social Security.
Qualifications due to continuous working constantly run by running one after the other workers mails or the work done by alternating workers mails, working hours, weekly rest and is regulated by special rules and procedures of Labour and Social Security Ministry prepared to regulations on mandatory rest breaks in the middle of work and night work.
Occupational Health and Safety obligations of
employers and employees
ARTICLE 77. - Employers workplace health and to take all necessary measures to ensure the safety, tools and equipment in full; workers in occupational health and all the measures taken in the field of security are obliged to obey.
Employers to check compliance with the received occupational health and safety measures workplaces, occupational risks faced by workers, taking the necessary measures are obliged to inform their legal rights and responsibilities and provide the necessary health and safety training. The training shall be the principles and procedures of the study and a regulation to be issued by the Ministry of Social Security.
Employers are obliged to inform the businesses occurring in workplace accidents and occupational diseases will be identified by the relevant regional directorate at the latest within two business days.
Contained in this chapter and the rules and regulations related to occupational health and safety provisions also apply to the apprentices and trainees in the workplace.
Health and safety rules and regulations
ARTICLE 78 - taking the opinion of the Ministry of Health Labour and occupational health and taking safety measures in the Ministry of Social Security workplaces, machinery, equipment, tools and supplies that may arise due to the materials used and work accidents and occupational prevention of disease, age, gender and regulations to regulate the working conditions of people in need of protection because of special circumstances and issue regulations.
Also in workplaces subject to this Act, the number of workers, the width, the work, the characteristics of the business, then these establishments of the plans before starting to be established to which businesses in terms of weight and danger of Labour and Social Security Ministry will be received permission to set up showing the authorized organization founded still the same authority reference business documents will need to be taken, taking the opinion of the Ministry of Labour and Health is determined by a regulation issued by the Ministry of Social Security.
Suspending or closing the establishment ARTICLE 79 - an establishment of the facility and the composition, working methods and ways, if the machinery and equipment in there is any matter that is dangerous to the life of the workers, authorized two inspectors to inspect workplaces to this threat is resolved in terms of occupational health and safety with a worker and an employer representative to the Regional Director of five consisting of a commission decision, the job is stopped completely or partially closed by the nature of the threat or workplace. The Commission is chaired by the senior labor inspector. The work and secretarial work carried out by the regional offices of the Commission.
The structure of the commission of the substances produced by domestic enterprises to military establishments and safety, working methods and principles of the Ministry of Defense stated in a regulation to be prepared jointly by the Labour and Social Security Ministry.
This article against the suspension or closure decision to be made by employers in the local labor court has the authority to appeal within six business days.
appeal to the labor court to suspend or not suspend implementation of the decision to close the establishment.
Appeal court will review priorities and decide on the matter within six business days. Decisions are final.
age of workers in a workplace, sex or health status are obstacles to work in such an establishment, they are also prevented from working.
What will be prevented from operating in the manner of which are dangerous to workers at the workplace in accordance with the preceding paragraph facility and arrangement or machines and devices and what they can be allowed to form run again to close the establishment and opening up to the decision to dissolve the suspension of the work or the workplace verilince task in the committee on measures to be taken in case of emergency qualifications of workers and employers' representatives will make the selection, form and substance of the commission's work is shown in a regulation to be prepared by Labour and Social Security Ministry.
Have been allowed to set up and operate an establishment can never be obstacles to the implementation of regulations stipulated in Article 78.
The machine in accordance with the first paragraph of the article is in the installation and assembly work or stopping or closing due to unemployed workers to the employer fee payments or fees required to give another job according to their profession or status, but not a decrease.
Occupational health and safety committee ARTICLE 80 - deemed to be industrial according to this law, continuously in at least fifty employees running and more than six months continuous workplaces where work is done every employer is obliged to set up an occupational health and safety.
Employers are obliged to follow the decision in accordance with occupational health and safety boards of occupational health and safety legislation.
formation of occupational health and safety committees, working methods, functions, powers and obligations in a regulation to be prepared by Labour and Social Security Ministry.
Occupational physicians ARTICLE 81 - constantly employers employing at least fifty workers outside treatment services provided by the Social Insurance Institution, the provision of workers' health status and taking the necessary health and safety precautions, first aid and carry out preventive health care and emergency treatment to run one or more occupational physicians according to the number of workers in the workplace and the degree of danger of the job and are obliged to create a workplace health unit. Qualifications of
physicians, their number, recruitment, duties, powers and responsibilities, training, working conditions, and how to carry out the duties of workplace health units, Ministry of Health and obtaining the opinion of the Turkish Medical Association study and is regulated by a regulation issued by the Ministry of Social Security.
Job security officers engineers or technical staff
ARTICLE 82 - deemed to be industrial according to this Act, and at least fifty employees running and more than six months employers in permanent establishments where work is done, the provision of workplace safety measures, and work-related accidents determining the measures to be taken for the prevention of occupational diseases and the number of workers in the workplace to carry out monitoring of the implementation of services, depending on the nature of the workplace and hazard degree are obliged to appoint one or more engineers and technicians.
Occupational Safety and commissioning engineer or the qualifications of technical personnel, the number, duties and responsibilities, training, working conditions, how to carry out their duties, Turkish Engineers and taking the opinion of the Architects Union of Chambers of Labour and a regulation to be issued by the Social Security Ministry. The rights of
Article 83 - the workplace to disrupt the health of workers in terms of occupational health and safety or to endanger the physical integrity immediate, emergency and with a vital threat facing the occupational health and safety, the identification of the situation by referring to the installation and necessary It may request the decision to take measures. The Board shall decide urgently convened the same day and the case in the report. Decision communicated to the employee in writing.
Occupational health and safety in the workplace committee demands that there be made to the employer or his representative. Workers may want to be detected and being notified of the situation in writing. The employer or his representative must give a written reply.
In the event the Board decides that the request of the workers, the necessary health and safety measures may refrain from working until received.
Avoid working during the period of wage workers and other rights reserved.
Despite his health and safety board's decisions and the worker's demands in the workplace not taken the necessary measures to workers within six working days of this Law, Article 24 (I) of subparagraph may immediately terminate in accordance with a definite or indefinite-term employment contracts for.
In case of suspension or closure of the establishment of the business in the workplace according to the Article 79 of this Act shall not apply.
Ban on alcohol and drug use
ARTICLE 84 - Commercial to come in drunk or have taken drugs and alcohol or drug use is prohibited in the workplace.
Employer; considered part of the business add-in, what kind of cases, which has time and consuming alcoholic beverages may determine the circumstances.
ban the use of alcoholic beverages;
a) assigned to quality control produced as required by employees and business in alcoholic beverages made workplaces
b) the need to work in closed containers or open as alcoholic beverages or smoking workplaces to drink alcoholic beverages,
c) Due to the nature of the work which had to drink alcoholic beverages with customers
It does not apply to workers.
Heavy and dangerous work ARTICLE 85. - young workers under the age of sixteen and children can not be employed in heavy and dangerous work.
Which jobs will be counted from the heavy and dangerous work, he has attained the age of sixteen women, but of the young workers finishing the age of eighteen what kind of taking the opinion of the Ministry of Health can run on heavy and dangerous work study and indicated in a regulation to be prepared by the Social Security Ministry.
Heavy and dangerous jobs report
ARTICLE 86 - heavy and dangerous work in trying to worker recruitment or work continued at least annually throughout the body by the occupational physician that these works convenient and durable, occupational health clinics, as well, where their presence the nearest Social Insurance Agency, health centers, physician unless given by the government or municipal inspection reports, the recruitment of such work or are not allowed to run. Social Insurance Institution shall refuse to make the first entrance examination work.
case of objection to the report issued by the occupational physician, the nearest Social Security Institute hospital worker health board are subject to inspection, the report is final.
Request by authorized officials, these reports must show the employer.
These reports are exempt from stamp duty and all kinds of fees. reports for employees under the age
eighteen ARTICLE 87 - Fourteen years until the age of eighteen (including eighteen) children and workplace doctor before the recruitment of young workers, occupational health clinics, and the order in places where they have the nearest Social Insurance Agency, health centers , examined the governmental or municipal physicians moved in accordance with the nature of work and conditions to be specified in reporting that robust body structure and passing through these eighteen years the medical examination in the same way once every six months until it fills to be checked whether this there is a hindrance to continue working and competent hiding in the workplace all these reports showing them at the request of officers is required. Social Insurance Institution shall refuse to make the first entrance examination work.
In the first paragraph if written objections to the report issued by the doctors, the nearest Social Security Institute hospital worker health board are subject to inspection, the report is final.
These reports are exempt from stamp duty and all kinds of fees.
regulations for nursing women ARTICLE 88 - pregnant or breastfeeding by women which periods is prohibited to employ things like how and under what circumstances, and that they comply with procedures for non drawbacks in their work tasks, what means lactation rooms and child care residence (nursery) taking the opinion of the Ministry of Health should be established in a regulation to be prepared by Labour and Social Security Ministry.
Various regulations ARTICLE 89 - taking the opinion of the Ministry of Labour and Social Security, Ministry of Health;
a) for heavy and dangerous work in other jobs to undergo a pre-employment medical examination of workers,
b) Some of the works in the general health workers to undergo examination at certain times,
c) a number of different jobs or disruption of workers' health status, regardless of the work they do and the products they work with or harmful to the overall health of the other workers, their removal from that work like this
d) What situation and what kind of conditions in establishments in the bathroom, sleeping, resting and eating places as employee housing and labor training places to be made,
through to find workers Article 90 - to be placed in jobs that is conducive to job seekers and act as intermediaries to have appropriate workers for various jobs, Turkey Business Council and permission in this regard It is fulfilled by the private employment offices. Supervision and Inspection of the authority of the State
Working Life CHAPTER SEVEN
ARTICLE 91. - The state monitors the implementation of legislation related to working life, supervise and inspect. This assignment of sufficient numbers of Labour and Social Security Ministry and with the necessary features to inspect and audit work to be performed by qualified inspectors.
With the necessary materials for homeland security and military establishments producing establishments of audit and inspection matters and Labor and Social Security and the Ministry of National Defense Ministry will be prepared on the results of operations carried out in accordance with the regulations.
Competent authorities and officials
Article 92 - Article 91 Monitoring of working life for the implementation of the provision, supervision and inspection by the assignment of the labor inspectors, businesses and plug-ins, the execution of the work style and the relevant documents, tools and supplies, equipment and machinery , the raw and processed materials, it is necessary to work material Article 93 in the time required by following the written rules and workers' lives, health and safety, training, rest or sit on the related facilities and schemes always see lying, explore and examine and to a criminal action by this Law when found in the manner described in the Labour Inspection Regulations to be issued by the Ministry of Labour and Social Security in this respect have the authority to prevent this condition.
Inspection and employers during the audit, the workers and the work to be related more people watching, come when called by auditing and inspection, officials labor inspectors, expression and information, relevant documents and evidence brought to show and give and do written tasks in the first paragraph to show them all kinds of convenience and the way that they are obliged to fulfill orders and requests of the inspectors.
Monitoring the working life record held by audit and inspection to the competent labor inspectors are valid until proven otherwise.
Homework Authorized officials Article 93 - following up, monitoring and inspection powers of the labor inspectors perform their duties while they are actually working in the normal course and the work of the establishment, to hinder as much as possible depending on the nature of the subjects they studied, to stop and shall observe strict secrecy and official transactions, disclosure unless the employer and the workplace trade secrets and conditions are obliged to economic and commercial situation and they see about the situation and keep the matter entirely secret they learned and themselves by information and statements taken or their applicants or workers in the notice and explanation other people's names and identities.
Exemption Article 94 - Workers and employers concerning themselves by their professional bodies and these petitions and reports related jobs for his career if appeal in writing to the Labour and Social Security Ministry, documents, books and transactions from stamp duty and all sorts of pictures and it is exempt from fees.
Inspections by other authorities
ARTICLE 95. - other relevant authorities competent municipality to allow the opening established the Office for the establishment of workplace and before permitting the operation, work and be compared to Social Security, the Ministry of labor legislation for the presence of permission to establish the necessary and business documents . Ministry of Labour and Social Security permission to establish and operate businesses certificate shall not be given to municipalities or other authorities in the building permit or opening.
Public institutions and organizations, the results of inspections and audits they did on health and safety in the workplace and their respective operations shall inform the competent regional directorate for that place.
Other relevant authorities competent municipalities to allow Office to open the installed every month they let in this respect, they are employer and let business name and address, and the work is a kind of show listings linked to an area director that place until the next month's fifteen.
Worker and employer responsibility
ARTICLE 96 - Work supervision and inspection to the statement by the competent labor inspectors and information referenced workers, both employers directly make accurate and should therefore inculcate shipped to change or to hide the fact that workers or Or, the enforcement by any means apply to the relevant authorities of the workers, and to testify on the news, it is forbidden to engage in bad behavior against them.
not fair for workplaces with employers or resignation works of
Labor News by unnecessary operations with uğraştırıl they or their employers malicious as to make it difficult to wrongfully giving bad situation to reduce the attempt, and that is not correct for issues that prompted the work inspectors themselves, the answers do the inspection and inspection or an incorrect result vardırır to It is prohibited to engage in behavior.
Article 97 - in full and workplaces to implement as required to inspect and audit the necessary vision and want of competent labor inspector of the provisions of this Act, municipal police forces, the duties of the labor inspector is a good way to provide all necessary assistance to ensure that they can they are obliged to.
Administrative Penal Provisions
violation Office of the reporting obligations Article 98 - Articles 3 acts in violation of the obligation to notify the workplace in Article employers or fifty million pounds in fines issued for each worker employed in the employer's representative.
This is followed by the same amount of the penalty is applied for each month after the finalization of fines in case of continued breach of the notification obligation.
Violation of general provisions of Article 99. - The Law;
a) Article 5 and Article 7 of acts contrary to the prescribed principles and obligations
b) Article 8 of which does not document the workers in the last paragraph, acts contrary to the Article 14 provisions
c) contrary to Article 28 acts against the working document editing liability or this document false information written, that the
employer or his representative fifty million liras for each employee is given in the case. Violation of the provisions relating to public workers
removing Article 100. - two hundred million liras for each employee is given in contravention of this Act with the provisions of Article 29 of the worker or the employer brings dismissed the employer's representative.
contrary to ex-convicts obligation to employ Article 101 - seven hundred and fifty for each month that every disabled and ex-convict and execute the disabled and operation of ex-offenders run by the employer or the employer's representative in contravention to the provisions of Article 30 of this Act million pounds fine It is issued. Public organizations are not exempt from this penalty in any way. Violation of the provisions relating to Article 102
charge - of this Act;
a) Article 32 of this law or collective bargaining workers with the specified fee or payment intentional within the period arising wages from employment contracts or missing pay, Article 39 of the minimum wage determined by the commission mentioned in the workers' pay or omissions paying the employer or his representative in this case that each worker and one hundred million pounds fine for each month
b) of Article 37 on the contrary as remuneration for reckoning regulations or wages in contravention of Article 38 fee cut penalty that or his wage cuts of reason and accountability to notify the 52 th that do not document the substance employer or his representative to two hundred million pounds fine,
c) charges for more than specified in the Article 41 working payments, free time it deserves workers not used it within six months, more hours in the approval of the workers for the work to be done to get the employer or the employer's representative, one hundred million liras for each employee in this case,
given. contrary to
Annual leave provisions
ARTICLE 103 - annual leave has the right to pay or incomplete paying or 59th on the substance of this Law Article 56 of the dividing or permit fees in contravention of Article 57 article as contrary to the procedure specified in the third and fourth paragraphs hundred million pounds penalty given for each worker that this permission of fee payment or merits of the regulations referred to in Article 60 and not uses permitted in violation of the procedures or missing kullandıran employer or his representative, in this case if the termination of the use permission contract.
Violation of the provisions concerning the organization of work
ARTICLE 104. - In the Article 63 of this Law and the running of workers contrary to the operating time set in the regulations mentioned in this article or under this Article Search rest in the Article 68 application or workers 69 at night, contrary to Article seven and a half hours of running; night and change the day shift, the Article 71 provision to who violate 72 Article in contravention of the provisions under eighteen years of age in places mentioned in this article boys and young and running women of all ages, in violation of Article 73 running children and young workers at night or in the same substance in the said provisions of the regulations are contrary to the provision in Article 74 acting contrary to the previous and next time delivery running in pregnant or postnatal women free or not allow, the regulation personnel file workers in Article 75, does not comply with the provisions of the regulations specified in Article 76 the employer or the employer's representative five hundred million liras is given.
64 third and acting contrary to the provisions in Article 65, which in this case the employer or the employer's representative hundred million liras for each employee is given. Violation of the provisions related
occupational health and safety
ARTICLE 105. - This Act Article 78 fifty million pounds penalty given to the first paragraph of that do not comply with the provisions of the specified rules and regulations employers or any occupational health that is not the employer's representative and the security measures of. the same amount each month for the following ratio measures taken penalty is applied.
This Act Article 77 The provisions of that act contrary, permission to establish a breach of the second paragraph of Article 78 and the company opened an office to receive the document, contrary to the provisions of Article 79 of the activity which continued without permission stopped work, which opens permission to shut down establishments, provided for in Article 80 occupational health and safety acts in violation of the provisions on the establishment and operation of the establishment; occupational health and safety committees decision taken by the administration, 81 th running of the occupational physician in violation of the substance and to fulfill its obligation to set up workplace health unit, 82 th and job security in contravention of Article guard engineers and technicians to fulfill its mandate obligations employer or five hundred million pounds to the employer's representative the fine is issued.
contrary to the Article 85 of this Law heavy and dangerous work in the sixteen years of age are running or the same item in the employer or his representative who employ workers against age record in a regulation referred to five hundred million liras is given.
hundred million liras is given to each child one hundred million pounds and get a doctor's report on children in accordance with Article 87 of the employer or his representative in this case for each employee, which in accordance with Article 86 of the Law on workers to doctors report receiving employer or his representative in this case.
88 th of this Act and the regulations provided for in Article 89 does not comply with the conditions and procedures shown employer or the employer's representative is given a fine of five hundred million pounds.
Business and contrary to the provisions of Article 106 of finding workers - the 90th this law operating without a permit provided for in Article given a billion pounds fine the employer.
Violation of the provisions relating to the supervision and inspection work life
Article 107 - of this Act;
A) fulfill its obligations under the second paragraph of Article 92,
b) does not comply with the prohibitions in Article 96, the employer or his representative is given
five billion pounds fine.
Labour inspectors of nature all kinds of inspection of this Act or other laws, during the fulfillment of duties under supervision powers and duties of action for people who have barriers to doing their jobs and conclude constitutes another crime even further given five billion pounds fine.
Issues related to the implementation of administrative monetary penalties Article 108 - this by specifying the grounds of the nature of the administrative fines provided for in the Ministry of Labour and Social Security, director of the District.
administrative fines contained in this Act shall be enforced by the Ministry of Labour and Social Security replaces the Regional Director. Decisions on administrative fines shall be notified in accordance with the relevant provisions of the Notification Law No. 7201 dated 11.2.1959. from the date of notification of this sentence may be appealed against to the competent administrative court within seven days. The appeal does not stop the execution of the sentence given by the administration. The decision on the appeal is final. Appeal, indispensability cases by examining the documents are finalized as soon as possible. Administrative fines imposed pursuant to this Act, dated 07/21/1953 and 6183 according to the Law on Public Debt Collection Procedure shall be collected.
, Transitional and Final Provisions Article 109
Written notifications - The notifications provided for in this Act shall be made in writing and against signature. Notice that people do not sign it, the situation will be recorded in the minutes that place. However, notification is made in accordance with the provisions of the said Law within the scope of Law No. 7201. special operating conditions of
ARTICLE 110. - The scope of services of janitors and quality of the working hours, weekend holidays, national holidays and public holidays, paid annual leave rights and the doorman will be applied in the regulation of issues related to housing different shapes and basis of Labour and Social Security Ministry issued a regulation to be prepared.
Industrial, commercial, agricultural and forest works
Article 111 - the industry regarding the implementation of this Act a business, trade, agriculture and forestry can not be counted from the Ministry of Labour and Social Security determines a regulation.
Agricultural and forest workers in jobs deemed to be provisions relating to working conditions, employment contracts, wages, issues related to the regulation of Labour and Social Security Ministry issued a regulation to be issued.
Some public institutions and severance pay of employees in organizations
ARTICLE 112. - The law or the rights of institutions founded on the authority given by law to this Act 854, 5953, 5434 law provisions do not apply with the staff regulations those who are employed on a contractual basis in public institutions or made in the form of severance payments according to the contract shall be deemed to severance pay.
Some work on securing the wages of employees
ARTICLE 113. - The Article 4 of the first paragraph of this Law, (b) and (i) 32 on employees working in establishments mentioned in paragraphs 35, 37, Article 38 shall apply. The relevant provisions on criminal cases related to the violation of these provisions may apply.
Tripartite Advisory Board Article 114 - the development of labor peace and industrial relations, the legislation on the working life and to the monitoring of implementation; employers and the government, civil servants and trade unions to ensure effective consultations between the confederations, of advisory nature based on a tripartite board is created.
Board's working procedures and principles for a regulation to be issued.
Opening canteens Article 115 - in the workplace, if one hundred and fifty or more employees and will be built by workers in order to meet the essential needs of workers and their families where consumption can be allocated to cooperatives by employers.
ARTICLE 116 - 5953, dated 13.06.1952 Press Relations Between Employees and Employers in the Law on Arrangement of the last paragraph of Article 6 is amended as follows.
Business Law of 18, 19, 20, 21 and applied by analogy the provisions of Article 29.
Article 117 - 05.05.1983 dated and 2821 Trade Unions Act of passing in the first paragraph of Article 30 "1475 Act" will "of the Labour Law," the second paragraph "1475 Law No. 13 / D" to "the Business Law 21 pearl "has been changed to.
ARTICLE 118 - 2821 Law of the sixth paragraph of Article 31 of the "1475 Law 13 / A, 13 / B, 13 / C, 13 / D, 13 / F" phrases "of the Labor Law 18, 19, 20 and article 21 "," 1475 Law No. 13 / D "will" of the Labor Law article 21 ", the seventh paragraph" 1475 Law No. 13 / a "to" of the Labor Law article 18, "" 13 /, 13 / B, 13 / C 13 / D, 13 / F "phrases" 18, 19, 20 and 21 th "has been changed to.
Article 119 - from the date of publication of the regulations envisaged in this law is issued within six months.
Removed provisions of the current Article 120. - Act No. 1475, dated 25.08.1971 has been abolished in other substances, except for Article 14.
Provisional Article 1 - References made in 1475 to other legislation deemed to be made to this Law.
In the eleventh paragraph by 1 st and 2 nd paragraph of the first paragraph of force dropped Act No. 1475 of Article 14 with the article 120 of this Act, the said Law 16, 17 and Article 26 references made to the 24, 25 and Article 32 of this Law deemed to be made on the matter.
Provisional Article 2 - 1475 which are not contrary to the provisions of this Act and the regulations of regulations currently in force in accordance with Act No. remain in force until the issuance of new regulations.
Provisional Article 3 - 1475 minimum wage decision taken in accordance with the Act, this Act will remain in force until the fixed according to Article 39.
Provisional Article 4 - Abolished 3008 No. Business Law Article 13 of those not applicable in the law provisions, the Provisional Article 6 of the said right to severance compensation from the date of 12.08.1967.
First time severance rights that fall under the scope of this law starts from the date of entry into force of this Act.
Provisional Article 5 - Act No. 1475 of Article 25 of the 3713 Law of the additional Article 1 (B) rates Located in paragraph Ministers in accordance with Article 30 of this Act are valid until they are redefined by the Board.
Provisional Article 6 - a severance pay for termination indemnity fund is established. The Law on the severance pay fund for the retirement of workers until the date of entry into force of Act No. 1475 entitled to severance pay in accordance with the provisions of Article 14 are reserved.
Enforcement ARTICLE 121. - This Act shall enter into force on the date of publication.
ARTICLE 122. - This Act shall be enforced by the Council of Ministers.