Is It Statutory Obligation to Prepare an Employee’s Personnel File?

Is It Statutory Obligation to Prepare an Employee’s Personnel File?

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1- WHAT IS EMPLOYEE’S PERSONNEL FILE?
The employee’s personnel file is a folder containing every kind of document and recordings (including credentials of the employee) specified in article 75 of the Labor Law.

2- EMPLOYEE’S PERSONNEL FILE CONTENTS
– Job application form
– Copy of the identity card
– Residence paper
– Police certificate (it can be printed from e-state)
– Copy of the diploma
– Certificate of the businesses requiring specialization (certificate of mastership etc.)
– Recommendation letter (if any), CV
– Employment contract
– SSI statement of employment and dismissal notice
– Health certificate
– Report received due to ailments/disorders,
– Petitions or/and permits about the leaves used by the employee
– Reports about health examinations done periodically for some business lines
– Report about disability status if the employee is disabled
– A letter from the tax office in order the employee to benefit from the income tax reduction
– Turkish employment agency application form for the employee with disabilities
– Turkish employment agency application form for former sentenced persons
– Turkish employment agency application form terror-stricken persons
– A copy of accounting roll about price paid
– A letter about the reason of deduction in case of salary deduction on any ground
– Warning letter given by the employer and the employee’s apologia
– Employee’s letter of approval for overtime work and general holidays
– A schedule indicating the overtime (Which month, how many hours etc.)
– Letter of approval for short-time working
– A letter which shows that the employee is informed about occupational health and safety, vocational risks with which they face, mandatory precautions, legal rights and duties.
– Work permit (for the employee who leaves the job)
– A quittance (for the employee who leaves the job)
– For the employees employed in heavy and dangerous works: a list that shows employee’s name and surname, ID number, birth place and birth date.
– Schedule for make-ups (if any)
– Occupational health and safety work permit (Professional competence certificate)
– Service certificate (in accordance with Turkish Code of Obligations)
– Declaration of personal status (minimum living allowance)
– Report about fixtures (if any)
– Document indicating that the employee has training in accordance with the Turkish Laws.
– Employee’s credit voucher (Fee Guarantee fund Regulation)
– Other documents in compliance with the job.

3- IS THERE A PENALTY IF PERSONNEL FILE IS NOT PREPARED?
If the employer does not prepare a personnel file, the amount of penalty will be 1.560-TL in 2016.

The amount of penalty in 2017 will be declared.


Source: Article 75 of the Labor Law no. 4857
Date: 6 January 2017

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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