probation period – Muhasebe News

How Long Is The Probation Period In Labor Agreement in Turkey?

MuhasebeNews — Sat, 21 Apr 2018 10:00:23 +0000

The labor agreement made between employee and the employer should be done in writing.

There can be optionally added a clause about probation period in the contract.
If there is no clause about the probation period in the contract, the notice period (concerning the rights of the payment in lieu of notice) begins instantly.

If the parties add a clause about the probation in the contract, the duration will be maximum 2 months.

(On the other hand, the probation period can be extended until 4 months in collective labor agreements.)

If the parties come to an agreement, the probation period can be less than 2 months.

Within the probation period, the parties may annul the contract without notice period and compensation.

If the parties specify the probation period and one of them annul the contract, there will be no notice pay and the labor contract will not continue as much as notice period.

Furthermore, the salary and the other fringe pays should be paid to himself/herself for the duration of his/her service.

Source: Article 15 the Labor Law No. 4857

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.

Those Who Will Become Subject to The Labor Law After Getting Foreigner Work Permit, Attention!!!

MuhasebeNews — Fri, 22 Sep 2017 11:00:01 +0000

The important matters and information for foreigners who obtained work permit and will be subject to Labor Law;

1- No discrimination based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons is permissible in the employment relationship.
2- A lower wage for similar jobs or for work of equal value due to the employee’s sex is not permissible.
3- No one can be forced to do labor. Angary is prohobited. “Angary”, is when a person is forced to work without getting paid for it.
4- Written form is required for employment contracts with a fixed duration of one year or more.
5- Employment contract is prepared as 2 copies and signed by employer and employee, the signed copy is given to employee.
6- In case there is no written contract, the employer is obligated to give the employee a written document with the general and special work conditions in 2 months at the latest.
7- If there’s a probation period for the employment contract, it can be 2 months at most.
8- However probation periods can be extended upto 4 months with collective labor agreements.
9- Employees have to be declared as insured to the Social Security Institute (SSI) by the employer at least 1 day before they start working. (in constructure, agriculture and fishing the deadline is the day they start working)
10- Employers need to insure all of their employees.
11- It’s prohibited to employ children who have not turned 14. However, children who have turned 14 and completed their obligatory primary education can be employed in light duty.
12- In Labor Law, work hours can not exceed 45 hours in a week. Any work done over 45 hours is deemed over work.
13- Night work (work between the hours 20:00-06:00) can’t last more than 7,5 hours.
14- Day work can’t last longer than 11 hours.
15- Children who have completed their 14 years of age, have not turned 15 and have completed primary education can’t work over than 7 hours a day and more than 35 hours in a week.
16- For young employees who have turned 15 but have not turned 18, this time limit can be increased upto 8 hours in a day and 40 hours in a week.
17- Overtime work can not exceed 270 hours in a year.
18- It’s obligatory to have the consent of an employee for overtime work.

Source: Ministry of Labor and Social Security

Can a Journalist Work in more than one Newspaper in Turkey?

MuhasebeNews — Fri, 09 Jun 2017 10:23:09 +0000

1- CAN A JOURNALIST WORK IN MORE THAN ONE NEWSPAPER?
A journalist is free to work in other works, whether they are related to press or not, unless indicated otherwise in the agreement made between journalist and employer.

2- HOW CAN A JOURNALIST TERMINATE LABOR AGREEMENT?
A journalist has a right to terminate labor agreement on condition that he/she submit a written notice at least one month ago.

3- ARE JOURNALISTS SUBJECTED TO PROBATION PERIOD?
Probation period for journalists who enter this profession for the first time is maximum 3 months.

4- SHOULD SERVICES THAT ARE NOT STATED IN LABOR AGREEMENT BE CHARGED IN ADDITION?
A journalist have a right to get a fee for works by the employer that are not stated in labor agreement or for newspaper article/columns that are ordered or excepted to issue.

5- SHOULD AN EMLOYER PAY SALARY TO JOURNALIST DURING HIS MILITARY SERVICE?
If a journalist joins the army for his military service, he will get half of his last salary during his military service.

Source: Press Law

What is the Weekly Working Hours of Ship’s Crew?

MuhasebeNews — Wed, 17 May 2017 12:09:42 +0000

1- WHAT IS THE DAILY AND WEEKLY WORKING HOURS OF SHIP’S CREW?
Generally, daily and weekly working hours are 8 hours and 48 hours, respectively. 48-hour period should be used by dividing into equal parts within a week. If a shipman works 5 days within a week, it will be considered that he works 9,6 hours in a day. Hour of work means working hours or shift of a shipman.

2- IF A SHIPMAN WORKS 4 HOURS IN A WEEK, DOES HE HAVE A RIGHT TO HAVE OVERTIME PAY?
If a shipman works 4 hours in a week, he has no right to have overtime pay. Because, if a shipman exceeds weekly working hour (48 hours), he will have right to have overtime pay according to article 28 of the Maritime Labor Law numbered 854.

3- WHAT IS THE PROBATION PERIOD ACCORDING TO MARITIME LABOR LAW?
Probation period is one month in employment contracts of indefinite duration.

Source: Maritime Labor Law

Annual Paid Leave

MuhasebeNews — Tue, 28 Mar 2017 08:55:36 +0000

With respect to article 53 of the Labor Law no. 4857;

An employer should give paid leave to an employee who has worked at least one year since the date of recruitment (including probation period).
The right to annual paid leave is not dispensable.
Employees, who work less than one year in a seasonal or campaign work, have no right to paid leave because of nature of business.

Right to paid leave and service period cannot be less than;
a) fourteen (14) days for employees whose service period is between 1 and 5 years,
b) twenty (20) days for employees whose service period is between 5 and 15 years,
c) twenty-six (26) days for employees whose service period is 15 or more than 15 years.

Annual paid leaves of employees who work in underground works should be calculated by adding 4 days to normal annual paid leaves.
The paid leaves of employees who are eighteen years old or under age and employees who are 50 or more years old shouldn’t be less than 20 days.

The term of annual paid leave can be increased with labor contracts and collective labor agreements.

Source: article 53 of the Labor Law 4857