11November2016

NEW REGULATION ON PART TIME EMPLOYMENT HAS BEEN ANNOUNCED

NEW REGULATION ON PART TIME EMPLOYMENT HAS BEEN ANNOUNCED

It has been announced in the Official Gazette numbered 29620 dated February 10, 2016 employees were given the right to unpaid leave and/or part time working hours after childbirth and/or adoption of a child under the age of three, with the changes made in the 13th and 74th Articles of the Labor Law numbered 4857 and Law numbered 6663.

In November 11, 2016, dated Official Gazette, it has been announced from the Ministry of Labor and Social Security that with the new regulations being put in effect, employees whom benefit from maternity leave and/or unpaid leave in regards can require part time working hours until the beginning of the month of the child/children starts his/her primary education.

The structure and the implementation of the new regulation on part time working hours have been mentioned in the third division of the new regulation.

REQUEST FOR PART TIME WORKING HOURS (ARTICLE 8)

The part time work schedule can be requested up until the beginning of the first month of the start date of the child/children's' primary education. To benefit from the given right, the employee shall present a written request to the employer at least 1 month before the start date of the new work time schedule.

COMPONENTS OF PART TIME WORKING HOURS (ARTICLE 9)

On the request; the start date of the new working hours and workdays within the week shall be attached alongside with a proof document that shows the spouse is employed full time, to the written request presented to the employer.

Due to the regulation part time work schedule, cannot be supported to the employee in case of the spouse is unemployed. Therefore, with the request; a proof documentation regarding the employment of the spouse shall also be presented.

TERMS & CONDITIONS OF PART TIME WORKING HOURS (ARTICLE 10)

If either one of the parent(s) is unemployed, the spouse cannot request for part time working hours. Exemptions from this clause are mentioned below:

  • In cases where the spouse is required to have constant health care, supported by a doctors' report.
  • In cases where the custody of the child/children is only given to one of the spouse.
  • In cases where the child who is at the age of three or younger is adopted solely.
EMPLOYER ACCEPTANCE OF THE PART TIME WORKING HOURS REQUEST (ARTICLE 11)

The request presented by the employee shall be accepted, if the conditions are met, within one month of the request. The employee is obligated to provide a written acceptance notice.

If the request is kept unanswered by the employer, per the Law, the request shall be automatically accepted and the part time working hour right is put in practice as of the request's date.

WORK FIELD FOR PART TIME EMPLOYMENT (ARTICLE 12)

If the employer approves, the part time working schedule can be managed for private health sector, industrial sector, sector and fields that do not comply with part time schedule and/or other field of employment areas. The approval of the employer shall not require any further condition in regards.

TRANSITION TO FULL TIME EMPLOYMENT (ARTICLE 14)

The employee has right to schedule the working hours from part time to full time in cases where the given right is waived, in consideration of the same child.

The employee shall present a written consent to the employer on scheduling full time employment, one month before the full-time employment date.

DETERMINING THE WORK SCHEDULE TIMETABLE (ARTICLE 15)

The employer shall be the one to decide the part time working hours and days for the employee, in accordance with the workplace regulations, customs and the employees job description.

The wage payment to the employee will be paid in accordance with the working time.

The full Turkish text the new regulation on Labor Law and the announcement can be found at here.

Written by Fırat Oktürk, Posted in Labour Law

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About the Author

Fırat Oktürk

Fırat Oktürk
Boss Governance, Payroll and Administrative Affairs Manager
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