THINGS TO KNOW ABOUT EMPLOYERS’ OBLIGATION TO OPEN DAYCARE CENTERS AND BREASTFEEDING ROOMS

Introduction Gender equality in the work place and the need for work-life balance for employees are becoming increasingly important. Relatedly, there are some important benefits that employers should offer to their employees. In order to support the family lives of employees, an employer’s obligation to open a nursery and provide a breastfeeding room are protected […]

TEAM CONTRACT IN LABOUR LAW AND ITS FUNCTIONS

In a typical individual employment contract, there may be only one worker against the employer. However, especially in our time, it is quite common for workers to come together and form groups, unions, or associations to work collectively. In this way, legal relations arise between these workers and the employer as a whole. The most […]

LEGAL VALIDITY OF ADVANCE ANNUAL LEAVE PRACTICE

Annual paid leave is a right to rest, that is granted to employees who have worked in a workplace for at least 1 year and this right takes its source from the Constitution. If the employee has a service in the workplace from one year to five years (including five years), the annual leave period cannot be less than 14 days. If the employee has more than five years and less than fifteen years of service it cannot be less than 20 days. If the employee has fifteen years or more of service it cannot be less than 26 days. These periods are increased by four days for employees who is working in underground works. There is a special regulation on annual leave periods for certain age groups. The duration of annual paid leave to be granted to employees aged eighteen and younger and employees aged fifty and over, cannot be less than twenty days. However, sometimes employees may apply to their employers to use their annual leave in advance before they complete one year and are entitled to leave. Advance annual leave application is not included in the law. However, in practice, some employers take the initiative and allow their personnel to use this leave. Since this can be interpreted as a situation in favor of the employee, it will be considered valid even if it is not included in the law.

WHAT ARE THE RECENT DEVELOPMENTS ABOUT EMPLOYER OBLIGATIONS IN OCCUPATIONAL HEALTH AND SAFETY (OHS) ?

Employers have liabilities for various legal regulations, especially the Occupational Health and Safety Regulation. Employer’s first and foremost liability is appointing an occupational physician and an occupational health and safety expert, in circumstance workplace fulfil the required conditions appointing a medical personnel instead of occupational physician.  However, as regulated in the Occupational Health and Safety […]

IN WHICH CIRCUMSTANCES IS THE EMPLOYEE ENTITLED TO THE PREMIUM?

What is Premium? Premium can be defined as additional payments given by the employer as a reward in order to make the employee more willing to produce goods or services and to increase his success. The purpose of premium payment is to encourage the employee to work more efficiently. Since the premium is personal, unlike […]

WHAT ARE THE RIGHTS THAT FEMALE EMPLOYEES RECEIVE AFTER BIRTH?

Gave a birth of the female employee signifies that, the beginning of the critical period for both the health of the mother and the baby. The permissions which given after childbirth are extremely important for the mother to regain her health and for the baby to ensure a good and healthy development. Although working women […]

RIGHT TO AVOID WORKING WITHIN THE SCOPE OF OCCUPATIONAL HEALTH AND SAFETY LAW

The Occupational Health and Safety Law No. 6331, published in the Official Gazette dated 30.05.2012 and numbered 28339, introduced detailed legal regulations within the concept of the right to avoid working. Although it has been a long period of time since the Law No.6331 into force, hesitations may occur as a practical matter due to […]