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21July2015

Disabled Employment

According to the first paragraph of the Article 30 of Labor Law Number 4857; the private sector employers, who employ fifty or more employees within the borders of same province, are liable to employ disabled personnel at least at a ratio of 3% in positions appropriate for them according to their occupations and physical and mental conditions.

According to the Article 30 of Law Number 4857; in determining the liability to employ disabled personnel and in determining the number of disabled personnel to employ in the case of the existence of such liability:

  • When calculating the number of personnel employed within the same province, all of the employed workers are taken into consideration, regardless of their employment being definite or indefinite term.
  • If some employees amongst the personnel are employed for part time work, the work period of these personnel working with part-time contract are changed into full-time period.
  • The sum of number of days that the part-time workers are paid in the relevant month is divided by 30 and this amount is added to the number of full-time workers. In case this amount, which is found after being divided by 30, is a fractional number, the fractions up to the half are not considered, but the halves and the fractions above the halves are rounded off to a whole number.

Hence, the number of personnel to be considered in determining the disabled personnel can be found.

(Formula: Number of days of premium payment in e-declaration / 30 = The number of part-time workers converted to full-time)

The Personnel, who are not taken into consideration in the calculation are:

  1. The personnel employed underwater and underground,
  2. The personnel employed as security officers,
  3. The employed disabled personnel.

Private sector employers provide the disabled personnel, whose employment are obligatory, through Turkish Employment Agency (İŞKUR). The private sector employers, who employ disabled personnel without the intervention of İŞKUR, has to notify the Agency of this case and conclude necessary registrations in at maximum 15 days following the date, that the disabled personnel starts working.

The personnel, who are not registered by the Agency, will not be considered in disabled status.

The employers or vice principals, who have not employed any disabled personnel, are fined for every disabled person and for each month, that no disabled person is employed. The amount of penalty fine to be applied for 2015 is TRY 2.095.

Written by Fırat Oktürk, Posted in Labor Law

About The Author

Fırat Oktürk

Software Development Project Consultant
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