Obligation of Hiring Workplace Doctor Postponed to 2020

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The obligation of employing occupational safety specialist and workplace doctor for every private establishment with less than 50 personnel (regardless of their danger class) has been postponed to 1st July 2020.

As is known, many of the provisions set forth in the "LAW ON OCCUPATIONAL HEALTH AND SAFETY NO. 6331" had entered into force as of 30th December 2012 for the workplaces with 50 or more personnel which engage in heavy duty and hazardous operations, however the effective dates of article 6 and 7 that include the above mentioned obligation for every private establishments with less than 50 personnel in the scope of less hazard class had been postponed to July 1, 2017, because sufficient number of specialists and workplace doctors do not exist.

Obligation of Employer in Turkish Law

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In our recent employer bulletins we discussed the responsibility of workers, such as competition ban, confidentiality obligation and duty of care.

In this week’s article we will underline the obligation of employer stipulated in Turkish Code of Obligation, articles 401-427.

Some of the responsibilities of employer are also arranged in Labor Law No. 4857 and Social Security and General Insurance Law No. 5510, which can be found in our website.

OBLIGATION OF EMPLOYER IN TURKISH CODE OF OBLIGATION

Obligation of paying wage

* Employer is under the obligation of paying the wage determined in employment contract or collective agreement; if there are no provisions in the agreement he must pay a wage not less than minimum wage.

* Overtime wage: must be paid by raising the regular working wage by fifty percent at least. (Article 402). However, according to Labor Law in cases where the weekly working time has been set by contract at less than forty-five hours, work that exceeds the average weekly working time done in conduction with the principles stated above and which may last only up to forty-five hours weekly is deemed to be work at extra hours. In work at extra hours, the wage for each extra hour is paid by raising the hourly rate of the regular working wage by twenty-five percent; in other words each extra hour shall be remunerated at one and a quarter times the normal hourly rate.

Employee Non-Disclosure Agreement in Turkish Law

Employees are under the obligation of performing their jobs with loyalty and diligence that can be called “care duty” of workers.  

Confidentiality obligation of employees is part of this care duty; and employees may be required to sign a “Non-disclosure Agreement” (also called confidentiality agreement) that binds them legally to pay compensation in case they reveal trade secrets of employer during or after the termination of employment.

LEGAL BASE

Employee’s duty of care that also includes the confidentiality obligation is arranged in Article 396 of Turkish Code of Obligations No 6098.

Employee must;

  • Perform his duty with care and act in loyalty for safeguarding of employer’s interests,
  • Use the machinery and tools, technical systems, facilities and vehicles properly and with due care,
  • Not serve third persons based by receiving wage during his employment, and cannot compete with his own employer
  • Not use the job and trade secret of employee he acquired while working in the workplace, during and after the termination of employment.

Employee Non-Competition Contracts in Turkish Law

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Employees who have knowledge of business secrets may be required, for a certain period after the leave of employment, not to establish directly or indirectly a business enterprise in the employer’s line of business or take in partnership or work in a competitive company in a specified province or a geographical area. 

An employee may obtain trade secrets or confidential information of the company he is working for, such as documents, projects, designs, computer programs, pass codes or other information related to technical work, which can be harmful for the company in the hands of the competitors.  

This competition ban is a very delicate issue, while protecting the employer’s interests on the one side; it may bar the employee’s freedom of work on the other.  Principles of employee non-completion contract is arranged in Article 444-447 of Turkish Code of Obligations No 6098, which intended to establish a fair balance between the parties.

Workplace Transfers in Turkey – Social Security Rights of Employees

sigorta devirIn case a workplace or some of its section is transferred to another employer, employment contracts and employees’ all rights and obligations existing on the date of transfer pass on to the new employee (transferee).

Neither transferor and transferee, nor the employees can terminate the employment contracts just because of such transfer.

SSI NOTIFICATION

Employer, who has taken over a workplace, is obliged to submit the workplace notification to SSI within 10 days following the transfer.
Transferor and transferee don’t need to submit any new starter and leaver declaration, because the social security transactions of transferred company employees will be carried out under the old workplace ID in SSI portal.

New starter/leaver declaration and monthly premium and service declarations related to periods before the date of transfer will be notified by old user code and password, and the ones related to periods after the date of transfer by new user code and password.

The insurance rights and obligations of the insurance holders working at transferred workplaces will continue.

Social Security Status of Employees Assigned Abroad

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Social security coverage of employees on foreign assignments is a complex and controversial issue involving bilateral or multilateral social security agreements and the nature of assignment, whether temporary or permanent.

Employees on temporary assignment abroad

There is no problem assigning an employee to work temporarily abroad. Employee’s social security coverage will continue in Turkey. This rule is valid for employees working in branches of foreign based companies.

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