05May2016

WORKERS WITHOUT A PROFESSIONAL COMPETENCE CERTIFICATE CANNOT BE EMPLOYED

With the bag law taking effect approximately one year earlier, an important regulation has been stipulated. Article 74 of the Law Regarding Amendment to the Occupational Health and Safety Law No. 6645 and to Certain Laws and Decree Laws has made it obligatory for workers employed within the scope of Professional Competence Board Law No. 5544 and workers assigned in occupations that pose a threat to occupational health and safety to obtain an occupational competence certificate. A period of one year was allocated for employers to switch to this practice but this period will expire on 05/25/2016.

. If, after the date of 06/25/2016, workers are employed in dangerous and very dangerous works without obtaining an occupational competence certificate and if this situation is detected, an administrative penalty of TL 500.00 shall be issued for the employers employing the relevant workers for each such worker. The obligation to employ workers with an occupational competence certificate is not currently applicable for all sectors and workplaces. The number of sectors and workplaces required to be included in this scope will increase with activities that will be performed by the Labor Institute. The Occupational Competence Board will perform duties as the rule maker authority with respect to granting the occupational competence certificate. The Occupational Competence Board grants the authority for the accreditation of occupational competence certificate to educational institutions and universities. At the end of the training, an occupational competence certificate will be granted to those entitled to receive the certificate. Workers who have completed the training and obtained their certificates will be deemed to have acquired the information and skills necessary for their work. No occupational competence certificate will be obliged for those who received a proficiency certificate, technician and operator diplomas from relevant departments of the Ministry of Education and from Universities with respect to their areas of expertise.

Accordingly, it will not be possible to employ workers without an occupational competence certificate after the date of 05/25/2016 in dangerous and very dangerous works. Employers who continue to employ workers in the following occupations without an occupational competence certificate shall be penalized with an administrative fine of TL 500.00 for each worker.

Click here to see List of Occupations that Require an Occupational Competence Certificate

Written by Selma Kıy, Posted in Social Security Law and Regulations

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    Contents provided on this article serve to informative purpose only. The article is confidential and property of CottGroup® and all of its affiliated legal entities. Quoting any of the contents of this notification without credit being given to the source is strictly prohibited. Regardless of having all the precautions and importance is put in the preparation of this article, CottGroup® and member companies cannot be held liable of the application or interpretation of the information provided. It is strictly advised to consult a professional for the application of the above-mentioned subject. Prior to taking any action in regards the above, please consult your client representative if you are a customer of CottGroup® or consult to a relevant party.

About the Author

Selma Kıy

CPA, Managing Partner
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