Employment Practices and Legislation in Turkey

Employment and Human Rights Laws in Turkey

Labor Law No. 4857, enacted in 2003, governs the employer-employee relationship in Turkey. The law covers a wide range of employment-related issues, including contracts, working hours, annual leave, and termination. It aims to protect employees from unfair treatment and ensure a safe and healthy working environment.

• Positive Attribute: By defining the rights and obligations of both employers and employees, the law promotes fairness and transparency in the workplace.

Turkish Code of Obligations No. 6098, enacted in 2012, addresses various aspects of contract law, including employment contracts. It outlines the responsibilities and duties of both parties and provides a legal framework for resolving disputes.

• Positive Attribute: The code facilitates a clear understanding of contractual obligations, thus reducing the likelihood of conflicts and misunderstandings.

Law on the Protection of Personal Data No. 6698, enacted in 2016, regulates the processing of personal data and ensures the protection of privacy. It applies to employers handling employee data and establishes rules for data collection, processing, storage, and transfer.

• Positive Attribute: By safeguarding personal information, the law helps build trust between employers and employees and protects individuals from identity theft or unauthorized use of their data.

Social Welfare Taxes and Employee Rights

Employers in Turkey must contribute to social security taxes, which include retirement, unemployment, and health insurance. The Social Insurance and General Health Insurance Law No. 5510 governs these contributions, which are calculated based on the employee's gross salary. These taxes provide financial security and access to healthcare services for employees.

• Positive Attribute: By mandating contributions to social security taxes, the law ensures a safety net for workers and helps maintain social stability.

Standard Employee Benefits

In addition to social security contributions, employers must also provide standard benefits such as annual leave, paid sick leave, maternity leave, and military leave, as outlined in Labor Law No. 4857. These benefits help maintain employee well-being and satisfaction.

• Positive Attribute: By providing employees with essential benefits, the law fosters a healthy work-life balance and enhances overall productivity.

Termination of Employment

Labor Law No. 4857 also outlines the procedures for terminating employees. Employers must have a valid reason for dismissal, such as poor performance or misconduct. They must also provide written notice and severance pay, depending on the employee's tenure. The law ensures that employees are not unfairly dismissed and have an opportunity to seek legal recourse if necessary.

• Positive Attribute: By establishing fair dismissal procedures, the law protects employees from arbitrary termination and encourages employers to maintain a just workplace.

Confidentiality of Employee Records

The Law on the Protection of Personal Data No. 6698 also governs the confidentiality of employee records. Employers must take adequate measures to protect employee data and ensure that it is only used for legitimate purposes.

• Positive Attribute: By ensuring the confidentiality of employee records, the law helps prevent unauthorized access to sensitive information and maintains trust between employers and employees.

Non-Competition Laws

Non-competition agreements, which prevent employees from sharing trade secrets or working for a competitor, are regulated under the Turkish Code of Obligations No. 6098. These agreements must be reasonable in scope, duration, and geographical limits to be legally enforceable. Additionally, employers may be required to provide financial compensation to the employee during the non-competition period.

• Positive Attribute: By striking a balance between protecting the interests of employers and the career opportunities of employees, non-competition laws promote fair competition and encourage innovation within the market.