With the changing living conditions, the number of employees is increasing day by day, and the need for the protection of the working class emerges. Thanks to Turkish Labor Law, some rules and regulations have been made in this field to resolve the conflicts between the employee and the employer and create a fair environment. Although regularity is tried to be established under Turkish Labor Law, some legal problems can arise in this area. If you’ve any problems related to this field, as Istanbul Lawyer Firm, we provide you with our services.
The Core Components of Turkish Labor Law
The core components of Turkish Labor Law are as follows:
- Employee-Employer Relationship: There should be a fair environment between the worker and the employer.
- Employment Contracts: All work-related things are agreed upon with this between the employer and the employee.
- Termination of the Employment Contract: In case of conflict, both parties have the right to terminate the employment contract.
- Working Hours and Leaves: With Turkish Labor Law, rules of working and leaves are defined.
- Having the Right to Apply to the Court in Case of Legal Problems in the Labour Field: The employer and the employee have the right to apply to the court in cases that don’t comply with the rules and regulations.
The main aim of the core components of Turkish Labor Law includes the protection of rights and benefits. The impact of labour law ensures order and protection of rights in work environments in Turkey.
Objectives of Turkish Labor Law
One of the objectives of Turkish Labor Law is to provide regulations for employees and employers in terms of work conditions and rights. In this way, a fair and regular relationship is created between the employee and the employer.
Also, due to the position of the worker against the employer and the problems he/she faces, it has emerged to protect the employee by the government, and it’s aimed to provide a legal guarantee for the employee. It’s to ensure the protection of the employee’s labour and to prevent loss of rights.
Moreover, Turkish Labour Law helps to secure the job, which means that the job cannot be terminated or dismissed without a valid or justifiable.
Employment Contracts in Turkey
An employment contract is a signed agreement between an employee and an employer or a company. In this way, both the employee and the employer can be agreed upon rights and responsibilities. An employment contract includes salary or wages, information about the duties of an employer, work periods, and working conditions.
Here’re several types of employment contracts in Turkey.
- Full-Time and Part-Time Employment Contracts: Full-time employment contracts require a maximum labour time of 45 hours per week. The maximum period of working during a week is 30 hours for a part-time contract.
- Continual and Transitory Work: If the jobs are impermanent and continue for 30 days, the contracts are called transitory employment contracts. For jobs that continue for more than 30 days and are permanent, the contract is called continual work.
- Employment Contracts for a Definite Term and an Indefinite Term: It’s about the work period. If the work period is stated beforehand, the contract is called a definite term. However, if the work period isn’t decided beforehand and not based on a period, the contract is called an indefinite term.
For more information about employment contracts in Turkey, you can consult our lawyers that are fluent in English.
Working Conditions and Hours in Turkey
Under Turkish Labor Law, the regular working hours are 45 hours per week. This 45 hours of working time should be divided equally throughout all days worked unless otherwise specified. Any labour performed in a single week that exceeds 45 hours is considered overtime work. If employees’ work hours exceed 45 hours per week, the exceeding hours are to be paid as overtime hours. Also, according to Article 41 of the Turkish Labor Law, overtime work is applied when the working hours exceed 11 hours daily. The amount of each overtime hour is paid by raising the rate of employees by fifty per cent. The total amount of overtime work is limited to 270 hours a year.
Leave and Employee Rights under Labor Law in Turkey
According to Turkish Labor Law, every employee has the right to rest. Under Labor Law in Turkey, every worker who completes one year at the same workplace is entitled to paid annual leave. The annual leave for workers is as follows:
- 14 days annual leave for those between 1-5 years
- 20 days annual leave for those between 6-14 years
- 26 days annual leave for those more than 15 years
Also, any employee who becomes sick can take sick leave by providing evidence which is a report from a doctor. Similarly, A pregnant employee can take maternity leave for 16 weeks.
FAQ About Labor Law in Turkey
There are some FAQs about Labor Law in Turkey. For more information about Turkish Labor Law, you can contact Istanbul Lawyer Firm, which is one of the Istanbul law firms.
What is the Labor Law in Turkey for Foreigners?
The Labor Law in Turkey for foreigners allows them to work in Turkey with a visa or a work permit.
For more information about the Labor Law in Turkey for foreigners, you can consult our lawyers, who are fluent in English. The lawyers in our company Istanbul Lawyer Firm is a Turkish law firm that can provide you with services easily.
What is Law No 5378 in Turkey?
Law no 5378 in Turkey applies to people with disabilities, their families, the corporations and organizations that support them, and other interested parties. In other words, the primary aim of this law is to protect the rights of disabled people. According to Law no 5378 in Turkey, there can be no restrictions on the rights of disabled people to choose a profession that matches their skills and to get training in this area.
What is the Probation Period in Turkey?
When the employee and the employer get used to each other, and the parties decide whether to continue the employment contract for a while, this period is called the probation period. The probation period in Turkey for new employees cannot exceed two months.
What is International Labor Law No 6735 in Turkey?
According to International Labor Law No. 6735, foreigners cannot be employed in Turkey without a work permit. This Law aims to regulate the rights and obligations in the field of employment of the international workforce.
