Turkey has adopted a new law, effective April 23, imposing,
among other things, new occupational health and safety requirements
Incentives to prevent occupational accidents
The employer's share for unemployment insurance is decreased
from 2% to 1% for three years, starting from the following calendar
the workplace is classified as "very dangerous",
more than 10 persons are employed in the workplace, and
no occupational accident has occurred in the workplace which
has caused death or permanent injury during the previous three
Parental and adoption leave
Employees who have adopted a child are entitled to three
days' paid leave.
Male employees are entitled to five days' paid leave upon
the birth of a child.
An employee who is the parent of a child with a disability
rating of at least 70% or a child who receives treatment for a
chronic disease is entitled to ten days' paid leave per year,
which can be taken in installments, provided that only one of the
child's parents uses this right and a medical report confirms
the child's disability or medical status.
With the employees' prior written consent, an employer may
have employees working in tourism, private security, or health
services work at night for more than seven and a half hours.
Children under 14 years old may be employed for artistic,
cultural and advertising activities provided their employment does
not hinder their physical, mental and moral development or
interfere with school attendance. Employers must have a written
employment agreement and obtain parental consent for each activity.
Children employed for artistic, cultural and advertising activities
cannot work more than 30 hours per week and five hours per
Working hours for a child employee may be increased to eight hours
per day and 40 hours per week when the child reaches the age of 16.
The Ministry of Labor and Social Security has been directed to
publish a regulation specifying the nature of art, culture and
advertising activities, setting forth rules for work permits for
children engaged in these activities, and working conditions based
on age group and activity.
To help ensure payment of employment-related debts owed to
mining company employees, proceeds from the seizure or judicial
sale of mining companies paid to the Saving Deposit Insurance Fund
(TMSF) are to be used to compensate these employees for their
seniority pay, notice pay, overtime pay, and other accrued pay
directly to employee bank accounts.
If a mining accident results in an employee's death and a
court determines that the employer is at fault, the employer is
prohibited from participating in public procurement for two years.
The court's judgment is recorded in a registry maintained by
the Public Procurement Authority and published on its official
For underground work, the maximum work hours per week has been
increased from 36 to 37½ hours, and maximum work hours per
day from 6 to 7½ hours.
Social security-related changes
The contribution for social security charges (Sosyal
Güvenlik Destek Primi) paid by "independent
employees," e.g., self-employed persons, who continue to work
after retirement, has been reduced to 10% of the total monthly
retirement pension, down from 15%.
The new law grants employers amnesty from interest on debts
finalized by court decision prior to December 31, 2014, arising
from (i) occupational accidents or illness, sickness, incapacity,
or death; and (ii) obligations to insured employees, those covered
by the general health security, and the insured's dependents.
To benefit from this amnesty, the employer must apply to the Social
Security Institution within three months from the end of the month
in which the law is published, i.e. by the end of July, and pay the
debts in accordance with the law.
Actions to consider
Companies should consider how these changes impact their
operations and take appropriate steps to ensure compliance and
determine whether they can take advantage of the incentives and
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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