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24October2014

The Changes in the Labor Legislations with the Bill Omnibus Nr. 6552

6552 enumerated ‘Law regarding the restructuring of certain receivables with the changes in the labor law and other laws and enactments’ has been published in the Reiterated Official Gazette and entered into force on the date of publishing. With the Bill Omnibus, which includes 146 articles, many regulations have been subject to important changes. This article consists of briefing regarding the imposed regulations on Labor Legislation.

Adjustments Regarding Sub-contracting Practice

SALARY PAYMENTS

An obligation has been imposed on the sub-employers and employing public administrations to audit whether the sub-contractor employee wages have been paid and to deduct any unpaid wage amounts from the allowances of subcontractor firm and deposit into employees bank account. (article 3)
The regulated law: Labor Law number 4857 – article 36/5

ANNUAL LEAVE DURATIONS

If the employee is working in the same workplace, even though the subcontractor firm has changed, previous working time must be also considered in the calculations of annual leave. (article 6)
The regulated law: Labor Law number 4857 – article 56

THE REGULATIONS FOR SEVERANCE PAY OF SUBCONTRACTOR EMPLOYEES IN PUBLIC SECTOR:

The severance pay calculations of subcontractor employees, who are employed within the scope of Public Tender Law number 4734 article 62 first paragraph – clause e:
Provided that the work has been fulfilled on a continuous basis, the severance pay of the personnel employed under subcontractor will be calculated as a whole and as independent from the changes in subcontractor company. (article 6)


In the cases where bthe contracts of personnel, who are employed under the same subcontractor, within the frame of same employment contract yet working in different public entities/institutes, have been terminated in a way, which requires a severance pay according to the article 14 of Labor Law number 1475 (Labor law is obsolete but article 14 is still valid) ; the total duration of service will be considered as base and severance pay will be provided by the last entity, where the personnel has been employed. (article 6)


The severance pay of the employee will be paid upon written request from the employee, if the contract is terminated in a way which requires a severance pay, unless the employment contract with the Subcontractor expires and whilst the employee is working at a workplace, which is out of the context of Public Tender Law number 4734. In these conditions, the severance pay will be provided by the last public entity, where the personnel has worked last and it will be calculated by considering the total service duration in all public workplaces along with the minimum wage raise rates applied on the wage earned in the last workplace. (article 8)
The regulated law: Labor Law number 4857 – Article 112

WORKPLACE NOTIFICATION

- Regarding the workplaces of subcontractors, the objection period against reasoned collusion reports prepared by the auditors have been raised from 6 days to 30 days. The duration of a lawsuit has been set as 4 months and it has been decided that, in case of appeal, the Supreme Court must finalize the lawsuit within 6 months at the latest (article 6).
The regulated law: Labor Law number 4857 – Article 3.2

SUBCONTRACTOR – INCENTIVE FOR COLLECTIVE BARGAINING AGREEMENT

Provided that the subcontractors in public sector so authorize, the collective bargaining agreements are performed according to the provisions of Law of Trade Unions and Collective Bargaining Agreements number 6356 by one of the public employer unions, which is a member of public administrations within centralized management. A price difference is paid amounting to the appreciation in fee resulting from the wages and social rights determined in the contracts concluded in this extent, (article 13)
The regulated law: Tender Law number 4734 – Article 8

CONTRACTING PERIOD IN PUBLIC TENDERS

The contracting period regarding the purchase of services in the works that require permanency has been raised to three years. The shortening of this duration is only accepted for compulsory cases due to the nature or the duration of the work and depends on the approval of the superior manager granted against justification. (Article 14)
Regulated Law: Public Finance Management and Control Law number 5018 – Article 28/4

PROHIBITION TO EMPLOY FOR OTHER TASKS

The personnel employed by subcontractors in public sector, will no longer be employed for other works besides the services they have tasked with. If confirmed otherwise, administrative fines will be imposed. (article 11)
Regulated Law: Public Tender Law number 4734 – additional article 8

Regulations towards Mineworkers

It has been decided that in employment layoffs severance conditions will not be stipulated. (article 2)
In the Labor Law a prohibition has been imposed for overtime work besides obligatory and exceptional cases. For the overtime work in obligatory and exceptional cases, the hourly wage for the worker will be paid with at least a 100% increase. (article 4 – date of effect 01.01.2015)
The weekly working time has been limited with 6 hours per day and 36 hours per week.(article 7 – date of effect 01.01.2015)
The regulated Law: Labor Law number 4857 18/1; 41/8; 63/1

The annual leave durations have been increased by 4 days. (article 5)
The wage to be paid for workers mining Brown coal and Pit coal cannot be less than twice the minimum wage level. (Article 9)
For all workers employed in mining sector, the retirement age has been reduced from 55 to 50. (article 41)
For mineworkers, the weekend, general and national holidays, annual vacation, training, pre and post work preparation periods will also be included in the actual service period as if the personnel has worked in these terms and subsequently notify the SSI accordingly. (article 42)
Regulated Law: Labor Law number 4857 53/4; Mining Law number 3213 additional article 9; Social Security and General Health Insurance Law Number 5510 28/6 and 40.

Regulations Regarding Unions and Collective Bargaining Agreements

Provided that, provisions exist in their legislations and the conditions are determined with General Assembly Resolution, he Employers' Associations can create aid and solidarity fund to use in the payments of employers share of employee insurance premiums. The fund must not exceed the 25% of the total cash on hand. (article 19)
In regards to the jurisdiction of Employers' Association to issue collective bargaining agreements, the condition of 'having at least 3% membership in the line of work' in Law number 6536 articles 41 and 43, has been reduced to 1%. (article 20-21)
Regulated Law: Law on Trade Unions and Collective Bargaining Agreements number 6536, articles 26,41 and 43

Health and Safety

The apprentices and interns in the workplaces will not be included in the calculated employee count within the frame of Health and Safety Law. (article 16)
It has been regulated that, aside from the workplace doctor, other medical personnel can only be employed in the workplaces placed among 'very dangerous class', which have 10 or more employees. (article 16)
The employees of low-danger class workplaces with less than 10 employees will be able to receive their health reports public service providers or family doctors as well as the workplace doctor regardless of the employee count. (article 17)
Regulated Law: Health and Safety Law number 6331, article 6 and 15.

EXCLUSIONS FROM THE SCOPE OF HEALTH AND SAFETY

Cruising statuses of sea transportation vehicles (as they are subject to regulations of international agreements) are excluded from the scope of health and safety regulation. (article 15)
Regulated Law: Health and Safety Law number 6331 article 2

Premiums and Unemployment Allowances Paid Due to Back-to-Work Lawsuit

The ex-employees, who have benefited from unemployment allowance during their unemployment period, but have been repaid for wages and premiums as a result of filing back-to-work lawsuits, to deduct the aforesaid payments and to benefit from the unemployment allowance at the remaining amount, such provision has been regulated that 'for premiums deposited due to reemployment lawsuits, the final days will be considered and ownership for unemployment allowance right will be determined and payment will be made for the unemployment period.' (article 18). This regulation aims to prevent the double payments.
Regulated Law: Unemployment Insurance Law number 4447 article 50/3

Regulations Regarding Domestic Workers

The short term insurances (2% premium for occupational accident and disease) of the domestic workers under the same employer, will be paid by their employers in case they are worked for less than 10 days within a month. Also, the people who employ domestic workers will not be considered as 'Employers' within the context of Labor Law.
Domestic workers working for more than 10 days with the same employer, have not been subject to any change with the Law number 6552, as they are still in the scope of compulsory insurance. (article 55)
Regulated Law: Social Security and General Health Insurance Law number 5510

Obligation to Apply to the Institution in the Disputes Related to the SSI

Aside from the determination requests of compulsory insurance periods due to works subject to service contract, in the disputes arising from the Social Security and General Health Insurance Law number 5510 and other social security regulations, it is now obligatory to apply to the Social Security Institute before filing a lawsuit. Notwithstanding the predicted periods in other laws remain unchanged, in case the Institution does not respond to the application within sixty days, the request will be deemed denied.
In order to file suits against the Institution, the requests must be rejected or deemed denied.
The time period spent to apply at the Institution will not be considered in calculating periods of limitation and foreclosures.
In the suits filed against the employer regarding the determination requests of compulsory insurance periods due to works subject to service contract, the lawsuit is denounced to the Institution. Upon denouncing, the Institution, which intervenes the lawsuit as a secondary party, may use the right to appeal even if the first party waives its right to do so. (article 64)
Regulated Law: Law of Labor Courts number 5521, article 7

Regulations Towards Work Permits of Foreign Nationals

According to 04.04.2013 dated Foreign Nationals and International Protection Law number 6458, the foreign nationals who have long term residence permit or who have resided in Turkey with residence permit for at least eight years without going abroad or who have legally worked in Turkey for at least eight years, can be provided with work permit for unlimited term. (The former law which included 6 years has been regulated as 8 years.)
The foreign nationals who have been granted with unlimited term work permit, will benefit from the rights arising from long term residence permit as regulated by law. (article 22)
Unlimited work permits – just like unlimited residence permits – will be exempt from fees (article 23)
Regulated Law: Law Regarding Work Permits of Foreign Nationals number 4817; Act of Fees number 6492 88/1

Posted in Social Security Law and Legislation, Labour Law

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