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.
Amendment to the Regulation on Workforce Integration Program
Regulation Publication Date: November 2, 2024
Summary
"Regulation Amending the Regulation on the Procedures and Principles Regarding the Execution of the Workforce Integration Program" ("Regulation"), published in the Official Gazette dated November 2, 2024, and numbered 32710, amended the Workforce Integration Program.
Important Details
- The maximum weekly duration of the program has been set at 22.5 hours.
- For programs organized with universities, the previous weekly duration determined as 37.5 hours and 5 days per week in the first four weeks of the program, has been amended to a maximum of 22.5 hours and three days.
- Under the previous regulation, the daily pocket money paid to participants could not exceed the minimum wage. whereas according to the Regulation, the pocket money cannot exceed 1.25 times the minimum wage.
Changes in the Conditions for Issuance of Health Benefit Certificates for Income Holders Residing in Contracting Countries with Health Scheme
Circular Publication Date: November 7, 2024
Summary:
The Circular dated November 7, 2024, numbered 2024/13 ("Circular") and issued by the Social Security Institution ("SSI"), has modified the documents and conditions required for income holders residing in contracting countries with a health scheme to benefit from health benefits on behalf of SSI in their country of residence.
Important Details:
- The Circular regulates the documents and conditions required for income/pension holders residing in Austria, Albania, Belgium, BosniaHerzegovina, France, Netherlands, Croatia, Montenegro, TRNC, North Macedonia, Luxembourg, Hungary, Romania and Serbia to benefit from health benefits on behalf of SSI within the scope of social security agreements signed with these countries.
- The Circular abolished the previously required condition of "transferring income to the contracting country of residence" as of November 7, 2024.
- As of November 7, 2024, it will be sufficient to submit the residence certificate and/or residence permit to the SSI and update the address in the Identity Sharing System to reflect the contracting country of residence. If these conditions are met, a health benefit certificate will be issued.
Proposed Law No. 2/2717 on Amendments to the Social Security and General Health Insurance Law and Certain Laws
Proposed Law Date: November 25, 2024
Summary:
On November 25, 2024, Proposed Law No. 2/2717 on Amendments to the Social Security and General Health Insurance Law and Certain Laws ("Proposed Law") was submitted to the Presidency of the Grand National Assembly of Türkiye. The Proposed Law aims to regulate various aspects of social security and labor law.
Important Details:
A. SSI Premium Discount
- The Proposed Law plans to reduce the five-point insurance premium discount provided for disability, old age and death insurance premiums paid by private sector employers to the SSI to four points. However, this change will not apply to workplaces in the manufacturing sector until December 31, 2026. Furthermore, the President may extend this period until December 31, 2027.
B. Temporary Incapacity Benefit
- The Law dated April 15, 2021, and numbered 7316 amended Article 17 of Law No. 5510 by extending the period considered in the calculation of daily earnings for temporary incapacity benefit due to illness and maternity from three months to twelve months. However, the Constitutional Court, in its decision dated February 1, 2024, and numbered 2021/61 E., 2024/31 K., found it unlawful to differentiate the period to be taken as the basis for calculating temporary incapacity allowances for illness and maternity from the period to be taken as the basis for calculating allowances for occupational accidents and diseases. Consequently, the Constitutional Court canceled this amendment.
- Therefore, the Proposed Law establishes the following:
- In calculating temporary incapacity benefits, the number of earnings and premium payment days in the twelve months prior to the date of the occupational accident, birth or, in the case of an occupational disease or illness, the date of incapacity to work will be considered.
- In calculating the income to be granted in case of an occupational accident or disease, the number of earnings and premium payment days in the last three months within the twelve months prior to the date of incapacity for work will be considered.
- For those with less than 180 days of service in the last twelve months, the amount of daily earnings to be taken as the basis for temporary incapacity benefits shall not exceed twice the lower limit of the daily premium-based earnings as of the date of the onset of incapacity.
C. Occupational Health and Safety Regulations
- The Proposed Law clearly defines Employee Health Centers ("EHC") under the Ministry of Health. Accordingly, it is envisaged that workplaces with fewer than ten employees, classified as less hazardous, will be able to carry out occupational health and safety services without the presence of occupational safety specialists and workplace doctors by obtaining services from the public professional organizations to which they are affiliated.
- In addition, for workplaces with fewer than fifty employees and classified as less hazardous, it is planned that health reports can be obtained through EHC in addition to family doctors and public health institutions.
D. Retirement of Disabled Employees
- The Proposed Law plans to change the conditions for disabled employees who were insured before 2009 to qualify for old age pension benefits.
- For employees with a loss of earning capacity between 40% and 49%, 4,100 days of premium payments instead of 4,680 days will be sufficient, provided that they have 18 years of insurance coverage.
- For employees with a loss of earning capacity between 50% and 59%, 3,700 days of premium payments instead of 4,320 days will be sufficient, provided that they have sixteen years of insurance coverage.
Amendments to the Law on Foreigners and International Protection
Publication Date of the Law: November 30, 2024
Summary:
The Law on the Amendment of the Law on Civil Servants and Certain Laws and Decree Law No. 375 ("Law") amended the Law on Foreigners and International Protection No. 6458 on short-term residence permits, the application process for short-term residence permits and the legal remedies that can be applied against deportation decisions.
Important Details:
A. Short-Term Residence Permit for Immovable Property Owners
- The Law stipulates that the Ministry of Interior will determine the nature and value of the immovable properties based on which the short-term residence permits may be granted.
B. Decisions of Refusal or Cancellation of Short-Term Residence Permit Applications
- According to the regulation introduced by the Law, if foreigners or their legal representatives apply to the court against decisions rejecting or canceling short-term residence permit applications, the file will proceed to the decision stage upon the submission of the defense or the expiration of the defense submission period.
- If the foreigner cannot be notified at their declared/stated address the file will be removed from the process, and the case will be deemed as not filed unless a request to reprocess it is made by notifying the new address within two months.
- According to the provision, holding a hearing in the case is at the discretion of the court.
- These regulations will apply to cases filed after November 30, 2024.
C. Deportation Orders
- According to another provision introduced by the Law, foreigners or their legal representatives or lawyers may appeal the deportation decision to the administrative court within seven days of the decision's notification.
- The person who applies to the court must also notify the authority that made the deportation decision.
- The Law establishes that the file will proceed to the decision stage upon the submission of the defense or the expiration of the defense submission period. Applications will be concluded within fifteen days after the file reaches the decision stage or, in cases where an interim decision or a hearing is required, within sixteen days after their completion.
- If the foreigner cannot be notified at their declared/stated address, the file will be removed from the process, and the case will be deemed as not filed unless a request to reprocess it is made by notifying the new address within two months.
- Moreover, according to the Law, the court's decision on the deportation order is final.
- Without prejudice to the foreigner's consent, the foreigner shall not be deported within the period for filing a lawsuit or, in the event of a judicial remedy, until the conclusion of the proceedings.
- These regulations will apply to cases filed after November 30, 2024.
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.