National Employment Strategy (2025-2028)
Decision Publication Date: February 1, 2025
Summary
The Presidential Decree on the Approval of the National Employment Strategy (2025-2028) (“Decree”) was published in the Official Gazette dated February 1, 2025 and numbered 32800. The Decree determined the main policy areas and action plans to be carried out by the relevant institutions between 2025 and 2028.
Important Details
- The Decree sets out the objectives of (i) increasing efforts and measures to prevent unregistered employment, (ii) increasing employment in flexible working methods, (iii) strengthening the legislative infrastructure on psychological harassment (i.e., mobbing) in workplaces, and (iv) increasing the effectiveness of inspections in sectors where foreign employees are mainly working.
Social Security Regulations
Law Publication Date: February 4, 2025
Summary
The law numbered 7539, named the “Law on the Amendment of Certain Laws” (“Law”), published in the Official Gazette dated February 4, 2025, introduced amendments in the field of social security.
Important Details
A. Minimum Wage Support
- The amount found by multiplying the total number of premium payment days of the insured, whose daily earnings are reported as TRY 1,000 or less, by TRY 33.33 per day for the period of January to December is deducted from the insurance premiums to be paid by employers to the Social Security Institution, and this amount is covered by the Unemployment Insurance Fund.
- The Law envisages that this support will also apply to the insured employees registered under the workplaces that are considered to be within scope of Law No. 5510 for the first time in 2025.
B. Minimum Pension Amount
- The Law envisages that the monthly minimum payment amount, which is foreseen as TRY 12,500 for pensioners and their beneficiaries who receive old age, disability and death pensions, be increased to TRY 14,469 as of January 2025
Social Security Institution Circular on the Discount Rate for the Employer's Share of Insurance Premiums
Circular Publication Date: February 13, 2025
Summary
With the Law Amending the Social Security and General Health Insurance Law and Certain Laws No. 7538 published in the Official Gazette dated January 15, 2025 and numbered 32783, the 5-point discount rate for employers' share of insurance premiums was reduced to 4 points, and it was stipulated that the 5-point discount for the manufacturing sector would continue to be applied until December 31, 2026. The procedures and principles regarding this change were explained in the Social Security Institution Circular dated February 13, 2025 and numbered 2025/6 (“Circular”).
Important Details
- The Ministry of Treasury and Finance will cover the 4-point portion of the employer's share of the disability, old age and death insurance premiums for insured persons employed by private sector employers.
- The Ministry of Treasury and Finance will cover the 5-point portion of the employer's share of the disability, old age and death insurance premiums for insured employees employed by private sector employers operating in the manufacturing sector from February 2025 to December 2026, and the 4-point portion starting from January 2027. However, the President is authorized to extend the period of coverage of the 5-point portion of the employer's share of the disability, old age and death insurance premiums until December 31, 2027.
- The discount rate will be determined automatically by the Social Security Institution (“SSI”) system according to the Nace code of the workplace. While determining the scope of the manufacturing sector that will continue to benefit from the 5-point discount, the business lines in the “C (Manufacturing)” section of the Nace Rev.2 Economic Activity Classification will be taken into consideration.
- If the business line code of the workplace has been registered by declaring it falsely and this situation is subsequently detected, the amount that the employer has benefited from inappropriately (from the discount rate made from the employer's share of the insurance premium) will be recovered from the employer, together with the penalty and interest.
- When the Nace code of the workplace changes, the new code will be taken into account from the month following the date of the change.
- These provisions entered into force with effect from February 1, 2025.
Changes in Insurance Procedures with the New Social Security Institution Circular
Circular Publication Date: February 19, 2025
Summary
The Social Security Institution Circular, dated February 19, 2025 and numbered 2025/07 (“Circular”), made amendments to the main circular numbered 2013/11 on “Insurance Procedures.” These amendments cover the evaluation of services for which premiums have been paid at the same time, subject to subparagraphs 4-1 (a) and (b) of the Social Security and General Health Insurance Law No. 5510 (“Law”), and the overlapping of service periods for part-time work of less than 30 days.
Important Details
- According to the Circular, if those who work less than 30 days in a month under 4 (a) have 4 (b) insurance coverage at the same time, their 4 (b) insurance coverage during the overlapping period will be canceled regardless of the reason for the missing days, and their work for less than 30 days under 4 (a) will be completed to 30 days under 4 (b).
- According to the Circular, in the calculation of the number of service days subject to 4 (a) and 4 (b) in a month, the month will be considered 30 days and the number of service days under 4 (b) will be added to the number of service days under 4 (a).
- Part-time employees under 4 (a) insurance coverage will not be able to be voluntarily insured within the scope of subparagraph 4 (a) as for remaining periods, since they complete the days remaining outside of these periods with their compulsory work, which is subject to subparagraph 4 (b). They will not be able to complete these periods separately as general health insured, and employees with part-time employment contracts will not be able to borrow the missing periods for the months they worked part time.
Amendments on the Procedures and Principles of Occupational Health and Safety Training of Employees
Regulation Publication Date: March 5, 2025
Summary
The Regulation Amending the Regulation on the Procedures and Principles of Occupational Health and Safety Training of Employees (“Regulation”), published in the Official Gazette dated March 5, 2025 and numbered 32832, introduced new regulations regarding the occupational health and safety training of employees.
Important Details
- Basic training (including training to be given for the first time and training to be repeated) in less hazardous workplaces with less than 10 employees can be given using the distance education method.
- In less hazardous workplaces with 10 or more employees, and in hazardous and very hazardous workplaces, except for the basic training to be given for the first time, the basic training to be repeated can be given by using distance education method if the employer prepares the content specific to the work and workplace, and it provides the necessary distance educationmanagement system.
- The training provided through the distance education-management system will be provided simultaneously or asynchronously in workplaces with less than 10 employees and classified as less hazardous. The trainings provided through the distance educationmanagement system will be provided simultaneously in less hazardous workplaces with 10 or more employees, and in hazardous and very hazardous workplaces.''
Regulation on Occupational Health and Safety Services to be carried out by the Employer or Employer's Representative in Workplaces
Regulation Publication Date: March 5, 2025
Summary
The Regulation Amending the Regulation on Occupational Health and Safety Services to be Provided by the Employer or the Employer's Representative at Workplaces (“Regulation”), published in the Official Gazette dated March 5, 2025 and numbered 32832, regulates the provision of occupational health and safety services.
Important Details
- Employers holding the Certificate of Completion for Employer or Employer Representative Training on the Execution of Occupational Health and Safety Services (“Certificate”) will be able to undertake the occupational health and safety services of more than one workplace classified as less hazardous and located in the same province, provided that the total number of employees is less than 50. Employer representatives holding the relevant Certificate will only be able to undertake the occupational health and safety services of one workplace where they work under a full-time employment contract.
- The obligation to pass the exam at the end of the training required for the execution of occupational health and safety services by employers or employer representatives has been abolished, and it will be sufficient to complete only the training provided by the relevant institutions.
- The training required to obtain the Certificate can be provided by universities, public institutions and organizations, professional organizations in the nature of public institutions, or employee and employer organizations through a protocol with the Ministry of Labor and Social Security.
- Under Occupational Health and Safety Law numbered 6331, health reports can also be obtained from employee health centers (ÇASMER, in Turkish), family physicians or other public healthcare providers for less hazardous workplaces with less than 50 employees.
Presidential Circular on the Prevention of Psychological Harassment (Mobbing) in Workplaces
Circular Publication Date: March 6, 2025
Summary
Presidential Circular numbered 2025/3 on the Prevention of Psychological Harassment (Mobbing) in Workplaces (“Circular”) has entered into force after being published in the Official Gazette dated March 6, 2025 and numbered 32833. The Circular outlines the steps to be taken and regulations to be implemented to prevent psychological harassment. It aims to increase employee motivation, create a healthy and safe working environment, and enhance social welfare.
Important Details
- The Circular reestablishes the Psychological Harassment Prevention Board to contribute to the formulation of policies nationwide.
- It emphasizes that employers should develop preventive and protective policies and avoid any actions that could be considered psychological harassment.
- The Circular also highlights the importance of organizing training and information activities to raise awareness about psychological harassment in workplaces, maintaining confidentiality during the investigation of psychological harassment claims, and including preventive and protective provisions regarding psychological harassment in collective bargaining agreements.
Social Security Institution Circular on Correction of Reason for Termination of Employment
Circular Publication Date: March 11, 2025
Summary
The Social Security Institution Circular, dated March 11, 2025 and numbered 2025/08 (“Circular”), made amendments to the fourth paragraph of the main circular numbered 2013/11 on “Insurance Procedures” under the heading “3-Correction/deletion of the declaration regarding the termination of employment,” and it introduced the possibility for the correction of the reason for termination of employment in certain cases.
Important Details
- The Circular stated that, if after the termination of the insurance coverage by reporting the reason for termination of employment in a way that statutory seniority compensation or notice compensation will not be paid, a decision is made to pay statutory seniority compensation or notice compensation to the employee with a mediation agreement document or a court decision, the procedure can be carried to correct the reason for termination of employment.
- The employee or employer may apply to the relevant Social Security Institution directorate with the mediation agreement document or court decision, and request that the reason for termination of employment be changed in accordance with the relevant court decision or mediation settlement agreement
Conditions of Positive Discrimination for Women Employment Project Updated
Update Date: March 10, 2025
Summary
For 2025, the sectoral scope of the Positive Discrimination for Women's Employment Project (“KİPAP”), which was carried out only in the manufacturing sector in 2024, has been expanded and the support amount has been increased.
Important Details
- In order for employers to benefit from KİPAP, the workplace must (i) operate in the manufacturing, information and communication, or human health and social service activities sectors, (ii) have at least two insured employees, (iii) be registered with the Turkish Employment Agency (i.e., İŞKUR), and (iv) commit to employing employees for at least twice the period of the support payment.
- Employers can request participants of up to 10% of the number of insured persons employed in their workplaces.
- Employers are provided with premium, tax and salary support of up to TRY 32,500 per month for each female employee they employ under the project.
- All employers who meet the KİPAP application requirements can apply through the İŞKUR's e-branch.
- The maximum duration of benefiting from the project is set at 3 months.
Amendment to the Communiqué on Workplaces' Occupational Health and Safety Hazard Classes
Publication Date of the Communiqué Amendment: March 13, 2025
Publication Date of the Communiqué Amendment: March 13, 2025
The Communiqué Amendment (“Communiqué Amendment”), published in the Official Gazette dated March 13, 2025 and numbered 32840, changed the hazard classes of workplaces in terms of occupational health and safety
Important Details
- Pursuant to Article 9 of the Occupational Health and Safety Law No. 6331, the hazard classes of workplaces in terms of occupational health and safety are determined according to the main activity of the workplace, taking into account the Nace code specified in the Social Security Institution workplace registration number.
- With the Communiqué Amendment, hazard classes have been changed in terms of some Nace codes.
Constitutional Court Decision on Employment Contracts
Decision Publication Date: March 10, 2025
Summary
In its decision numbered 2023/158 and 2024/187, published in the Official Gazette dated 10 March 2025 and numbered 32837 (“Decision”), the Constitutional Court annulled paragraph 1 of Article 27 of the Law on Private International Law and Procedural Law (“the Law”) regarding the applicable law in employment contracts as unconstitutional.
Important Details
- Pursuant to Article 27, Paragraph 1 of the Law, employment contracts shall be governed by the law chosen by the parties, without prejudice to the minimum protection that the employee would have under the mandatory provisions of the law of their habitual place of work.
- Pursuant to Article 27, Paragraphs 2, 3 and 4 of the Law, in cases where there is no choice of law, the employment contract shall be governed by the law of the place where the employee habitually performs their work. If the employee does not habitually perform their work in a particular country but continuously performs their work in more than one country, the employment contract shall be governed by the law of the country where the employer has its principal place of work. However, if there is a law more closely related to the employment contract according to all the circumstances of the case, this law may be applied to the contract.
- The Constitutional Court annulled Article 27, paragraph 1, which stipulates that employment contracts shall be governed by the law chosen by the parties. The annulment will take effect as of September 10, 2025.
- The Constitutional Court emphasized that the possibility to choose the relevant law did not include safeguards to prevent the consequences that would be detrimental to the employee, and this situation was incompatible with the positive obligations of the state to protect employees
- In its assessment of the provisions under paragraph 2 of the same article, to be applied in cases where there is no choice of law, the Constitutional Court stated that the respective provision gives the judge discretionary power, and does not constitute an impediment to the application of the more closely related law and, in this respect, will not result in consequences that would be detrimental to the employee, who is the weaker party in employment contracts. Accordingly, the request for annulment of the relevant provision was rejected.
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