Can You Sack an Employee Whose Faults Ignored


The recent ruling of a French tribunal, although it has no effect on Turkish implementation of labor legislation, nevertheless made us thinking on the importance of having good grounds for dismissal to prevent paying huge amounts of compensations.

Jérôme Kerviel, a sacked trader of Société Générale Bank has won €450,000 for his claim of unfair dismissal (100.000 euros compensation for unfair dismissal and about 300.000 euros bonus he didn’t received in 2007) last week, and become the subject of a highly controversial debate within the European business community. 

Responsibilities Of Employer


Healthy labor relations in business word depend on the behavior of both the employer and employees. Duties, responsibilities and liabilities of the parties are laid down in many laws and regulation to ensure the labor peace.

In today’s article we want to touch employer’s responsibilities and obligations in which specified in various acts such as Occupational Health and Safety Law N. 6331, Labor Law N. 4857, Social Security and General Health Insurance Law N. 5510 and Law on Protection of Personal Data N. 6698.

Annual Leave From the Point Of Employer

annual-leave-from-the-point-of-employerWe have, as we do every year, already refreshed our readers' and customers' knowledge on the "annual leave" which becomes the most important issue in labor relations during the holiday season of summer.  Our write-offs and marketing bulletins contains the general information on annual leave can be reached from the links stated at the end of the article, but today we want to touch some more specific points such as the employers' mandate, responsibility  and limitation on the matter.

New Support For Employing On-The-Job Trainees

new-support-for-employing-on-the-job-trainees"We train free of charge, you employ with premium incentive!"
This is the new motto of Turkish Employment Organization (İŞKUR) who offers training-on-the job programs on a complimentary basis, and provides premium support for employers of trained young.

Private sector establishments registered in İŞKUR may ask for a training-on-the job program in their own workplaces without going to any expense up to 320 actual workdays, and in case they wish to employ trained candidates at the end of the program, the employer contribution share of the social security premiums will be covered from the Unemployment Insurance Fund. Participant trainees should also be registered in the İŞKUR.

In the following paragraphs you may find the detailed information about "On the Job Training Programs," and the conditions or benefiting from "Premium Incentive".

Discriminatory Job Advertisements May be Banned

discriminatory-job-advertisements-may-be-bannedAs a result of a new law that is in effect now, stating the name of the university, and some other particulars like age and marital status as a qualifying requirement in job ads may be deemed discriminatory; also any kind of discrimination relating to prospective employees will be illegal, and such treatments can be prevented and punished up to 15.000,00 TRY by the newly established independent “Institution”.

"Law on Human Rights and Equality Institution of Turkey", No. 6701 is issued in the Official Journal 29690, dated 20 April 2016, with the intention of synchronizing with the Paris Principles that urges the countries to set up a national institution with competence to promote and protect human rights.

As far as the labor relations concerned, the Law includes provisions to prevent "discrimination in access to economic and social rights in the public or private sector," and may bring about new regulations that the companies and HR departments should be attentive to in their recruitment activities.

New Incentive For Hiring Needy Person In Turkey

new-incentive-for-hiring-needy-person-in-turkeyEmployers of needy and poor persons who are receiving social aid in cash from the "Social Aid and Solidarity Promotion Fund" will be benefiting from the SSI premium incentive.

The social security premium contributions of such employers will be covered by the state, and employers will be paying less up to monthly 338,00 TRY and yearly 4.056,00 TRY for each needy people they employed.  

The needy people to be employed should be a member of a household who have received needy money at least once from the "Social Aid and Solidarity Promotion Fund" and be recorded as unemployed in "Turkish Employment Agency (İŞKUR)."

The support will also cover the employment of Syrian refugees.

A Draft Law which contains many arrangements (that is why called as bag law) is about to introduce a new kind of incentive for employers in order to encourage the employment of needy people.

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