As the Employment Law Department of Esin Attorney Partnership, we are pleased to share with you our monthly newsletter.

This newsletter provides a summary of the recent legal developments in relation to employment matters in Türkiye.

Letter from SSI on New Application for Insured Foreign Nationals within the Scope of Provisional Article 10 of Law No. 4447

Publication Date of Letter: 12 December 2023

Summary

The general letter dated 12 December 2023 ("General Letter") published by the Social Security Institution states that foreign nationals will not be registered as unemployed with the Turkish Employment Institution ("Institution") as of November 2023, as it has been reported in the administrative review report prepared by the Ministry of Labor and Social Security that foreign nationals cannot be considered as unemployed and should not be registered as unemployed. Pursuant to the General Letter, for insured foreign nationals, as of November 2023, the additional six-month period will not be added to the existing support periods stipulated within the scope of the employer's share of the insurance premium regulated under provisional Article 10 of Law No. 4447 ("Law")

Important Details

  • y Provisional Article 10 of the Law allows the entire employer's share of the insurance premium calculated over the premium-based earnings of private-sector employers for insured persons hired between 1 March 2011 and 31 December 2023 to be covered by the Unemployment Insurance Fund, for the employment of young people, women and persons with occupational certificates.
  • According to the relevant article, the period for private-sector employers to benefit from this premium support varies according to the age of the insured person, whether the insured person has an occupational qualification certificate or has completed secondary or higher education providing occupational and technical training or a labor force training course organized by the Institution. In addition, if the insured person within the scope of the support is unemployed and registered with the Institution, an additional six months are added to the support period.
  • In previous practice, employers could benefit from the relevant support for all insured who meet the conditions, regardless of whether they are Turkish citizens or foreign nationals. However, pursuant to the General Letter, private-sector employers will not be able to benefit from the relevant additional six-month support period for insured foreign nationals as of November 2023. Therefore, if there is an incentive application that continues due to insured foreign nationals, this incentive application will be ceased as of November 2023. If the incentive is benefited from for November 2023 and ongoing, within the scope of the additional six-month support period, the incentive amounts benefited will be refunded with the penalty and interest for delay.
  • On the other hand, the incentive amounts benefited by private-sector employers regarding the relevant additional six-month period and before November 2023 for insured foreign nationals registered as unemployed with the Institution, will not be refunded from the employers.

Announcement of the General Directorate of Land Registry and Cadastre on the Amendment to the Conditions for Acquisition of Turkish Citizenship Exceptionally through Purchase of Real Estate

Announcement Date: 13 December 2023

Summary

As announced by the Department of Foreigners in its announcement dated 13 December 2023, the phrase ''in the foreign currency amount'' in subparagraph (b) of Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law has been amended as follows with the Presidential Decree dated 11 December 2023 and numbered 7938 ("Decree"): ''real estate qualified as land on which a condominium or construction servitude exist or on which there is a building in foreign currency amount".

Important Details

  • According to the Decree, as of 12 December 2023, to obtain Turkish citizenship exceptionally through the purchase of real estate, the real estate to be purchased must be reserved as an independent section in the registry under Condominium Law No. 634; as for the real estate qualified as land, the real estate must be registered with this qualification, i.e., as land, in the relevant registry, and there must be a permanent building with an occupancy permit on it.
  • Therefore, the acquisition of Turkish citizenship exceptionally through the purchase of real estate is not possible by purchasing real estate with no buildings and with the obligation to develop a project within two years, as specified in the fourth paragraph of Article 35 of Land Registry Law No. 2644, and agricultural lands.

Announcement of the General Directorate of Occupational Health and Safety on the Annulment of Certain Provisions of Law No. 7081 on Adopting the Decree Law regarding Certain Measures to be Taken within the Scope of the State of Emergency

Announcement Date: 15 December 2023

Summary

According to the announcement ("Announcement") published on the website of the Ministry of Labor and Social Security ("Ministry") on 15 November 2023, the Implementation of Individual Prohibition, which was in force based on Article 9 of Law No. 7081 on Adopting the Decree Law regarding Certain Measures to be Taken within the Scope of the State of Emergency ("Law"), has been ceased.

Important Details

  • In its decision numbered 2018/76, dated 26 October 2022 and published in the Official Gazette dated 2 March 2023 and numbered 32120, the Constitutional Court (''Court'') decided to annul Article 9 of the Law which regulates the cancellation of the certificate of authorization of individuals operating in the field of occupational health and safety. In this context, the Implementation of the Individual Prohibition under this article has ceased.
  • Upon the completion of the work on the implementation of the Court's annulment decision, occupational health and safety specialists whose certificate of authorization has been canceled based on the Implementation of the Individual Prohibition may apply for the "removal of their individual prohibition" or "activation of the document status of the documentation they previously acquired but inactive" through the "Individual Notification Applications" menu by following the steps specified in the Announcement in line with the Court's annulment decision.

Law on the Extension of the Deadline regarding the Occupational Health and Safety Obligations for Less Hazardous Workplaces with Less than Fifty Employees

Publication Date of the Law: 28 December 2023

Summary

The obligation to have occupational safety specialists and workplace doctors for less hazardous workplaces with less than fifty employees has been postponed to 31 December 2024.

Important Details

  • According to Law No. 6331 on Occupational Health and Safety, the obligation to have occupational safety specialists and workplace doctors for workplaces with less than fifty employees and classified as less hazardous has been postponed from 31 December 2023 to 31 December 2024 in accordance with Article 71 of Law No. 7491 on Amendments to Certain Laws and Decree Laws, published in the Official Gazette dated 28 December 2023 and numbered 32413.

Minimum Salary for 2024 Determined

Publication Date of the Decision: 30 December 2023

Summary

Pursuant to Article 39 of the Labor Code and Article 11 of the Minimum Salary Regulation, the Minimum Salary Determination Commission ("Commission") has decided on the minimum salary applicable for 2024. Pursuant to the Commission's decision dated 27 December 2023, the new minimum salary and the new minimum salary support were determined.

Important Details

  • The decision was published in the Official Gazette dated 30 December 2023. The new minimum salary and the new minimum salary support determined by the Commission's decision are effective as of 1 January 2024.
  • As of 1 January 2024, the net monthly minimum salary is TRY 17,002.50, whereas the gross amount is TRY 20,002.50. The total monthly gross cost for the employer has been updated to TRY 23,502.94. The minimum salary support, which will be valid for 2024, is also updated to TRY 700. These amounts will be valid until 31 December 2024 unless a new Commission decision is made.

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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.