As the Employment Law Department of Esin Attorney Partnership, we are pleased to share with you our monthly newsletter.
This newsletter provides a summary of the recent legal developments in relation to employment matters in Türkiye.
Law on "Amending the Unemployment Insurance Law and Certain Laws" Published
Law Publication Date: 3 February 2024
Summary
The Law on the Amendment of the Unemployment Insurance Law and Certain Laws ("Law"), published in the Official Gazette dated 3 February 2024 and numbered 32449, stipulates regulations on the implementation of insurance premium incentives, short-time working allowance, minimum salary support and pensions.
Important Details
- The Law stipulates that the employer insurance premium incentive to support the employment of women, young individuals and unemployed individuals with professional competence certificates, as stipulated in Provisional Article 10 of the Unemployment Insurance Law No. 4447, will continue to be implemented until 31 December 2025, and the President will be authorized to extend the implementation period until 31 December 2026.
- The Law has introduced a "general pandemic" provision as the ground for short-time working. In addition, while the minimum premium payment days required to benefit from a short-time working allowance was 600 days, it has been set as 450 days by the Law. The Law also indicates that the periods paid as short-time working allowance will be deducted from the periods of entitlement for unemployment allowances to be paid, based on the termination of the employment agreement occurring in 3 years from the date of commencement of the short-time working period.
Ministry of Labor and Social Security Published the Regulation on "Amending the Regulation on Health and Safety Conditions in the Use of Work Equipment"
Regulation Publication Date: 4 February 2024
Summary
The Regulation Amending the Regulation on Health and Safety Conditions in the Use of Work Equipment, published in the Official Gazette dated 4 February 2024 and numbered 32450, amended certain articles in the Regulation on Health and Safety Conditions in the Use of Work Equipment ("Regulation"), repealed certain articles and included new articles in the Regulation to enter into force as of 4 February 2024.
Important Details
- A new paragraph has been included in article 7 of the Regulation titled "Periodic Control of Work Equipment," regarding the form and time of the contracts to be made regarding the periodic control service. According to the included paragraph, the contract between the employer and the individual authorized to perform periodic control must be executed in accordance with the template in the ISG-KATIP system, and signed at least one day before the periodic control service is performed.
- In the third paragraph of Article 14/A titled "General Rules, Audit, and Administrative Sanctions" of the Regulation, it is stipulated that the joint health and safety units authorized within the scope of Occupational Health and Safety Services and the individuals who are employed in these units cannot provide periodic control services, and in case of violation, the period of suspension of the authorities of the relevant individuals will be one year. In addition, it states that no periodic control report can be issued without a contract submitted through ISG-KATIP, periodic control reports issued without a contract will be deemed invalid, and in case of violation, the authority of the individual authorized to perform periodic control will be suspended for six months
Ministry of Labor and Social Security Published the Regulation on "Amending the Regulation on Occupational Health and Safety Services to be Conducted by the Employer or Employer Representative in Workplaces"
Regulation Publication Date: 4 February 2024
Summary
The Regulation Amending the Regulation on Occupational Health and Safety Services to be Provided by the Employer or Employer's Representative at Workplaces, published in the Official Gazette dated 4 February 2024 and numbered 32450, amended the second paragraph of article 10 of the Regulation on Occupational Health and Safety Services to be Provided by the Employer or Employer's Representative at Workplaces ("Regulation")
Important Details
- Article 10 of the Regulation titled "Qualifications of training institutions, organizations and trainers" stipulates that trainings can also be provided by public institutions and organizations, professional organizations with the qualifications of public institutions, and employees' and employers' organizations, by signing a protocol with the Ministry of Labor and Social Security.
- This amendment entered into force as of 4 February 2024
General Directorate of Insurance Premiums Published the Circular on "Minimum Salary Support"
Circular Publication Date: 29 February 2024
Summary
The General Directorate of Insurance Premiums determined the amount of minimum salary support to be applied throughout the year 2024 with the circular ("Circular") dated 29 February 2024 and numbered 2024/3.
Important Details
- The minimum salary support for the period between January and December 2024 is determined as TRY 700 per month (TRY 23.33 per day).
- The support can be benefited for insured employees whose daily earnings subject to premium in the same month of 2023 are TRY 671 or less, TRY 1,341 or less at workplaces with collective bargaining agreements, and TRY 1,789 or less at lignite and hard coal workplaces. In the workplaces to be opened in 2024, the support payment can be benefited for all insured employees without a daily earnings limit.
Supreme Court of Appeals Decision on Mediation Application as a Condition of Litigation
Decision Publication Date: 10 February 2024
Summary
In its decision dated 20 November 2023, with file number 2023/17941, decision number 2023/17336, published in the Official Gazette dated 10 February 2024 and numbered 32456, the 9th Civil Chamber of the Supreme Court of Appeals ("Court") ruled that it is not mandatory to apply for mediation again before filing a lawsuit on the same employment receivables.
Important Details
- The plaintiff ("Plaintiff") filed a receivables lawsuit at the court of first instance with the claim that his salary and employment receivables were not paid upon the termination of his employment agreement. As a result of the partial acceptance of the lawsuit by the court of first instance, the Plaintiff initiated an execution proceeding without judgment to collect the receivables ruled in favor of the Plaintiff. After the proceeding was suspended due to the objection of the defendant ("Defendant"), the Plaintiff filed a lawsuit for the annulment of the objection at the court of first instance to continue the execution proceeding. Thereupon, the Defendant claimed that the Plaintiff did not apply for mandatory mediation before the annulment of the objection was filed at the court of first instance.
- The court of first instance stated that it is essential to apply for mediation before the employment-receivablesrelated lawsuits and to prepare the mediation final minutes as per the article of the Law on the Labor Courts No. 7036 regulating the disputes subject to mandatory mediation. Therefore, the court of first instance decided to dismiss the lawsuit on procedural reasons due to the lack of the cause of action, on the grounds that the Plaintiff did not apply for mediation before filing the annulment of the objection.
- The Ministry of Justice requested that the decision of the court of first instance be reviewed on appeal in the interest of the law. In the appeal petition, the Ministry of Justice stated that since Article 23 of the Regulation on the Law on Mediation in Civil Disputes states that in cases where the parties and the subject matter of the dispute are the same, even if more than one application will be made, the first application should be taken as the basis. In this regard, it was stated in the appeal petition that the mediation requirement was fulfilled and the decision of the court of first instance was contrary to the procedure and merits.
- The Court stated that mediation is one of the limitations on fundamental rights, as it is a solution method that limits the right of access to the court, and therefore, it should be interpreted narrowly. Therefore, the Court reversed the decision of the court of first instance in the interest of law, stating that requiring the Plaintiff to apply for mediation before initiating the second lawsuit where the same receivables are the subject, as in the case at hand, would limit the right of access to the court in a disproportionate manner, and would not comply with the purpose of the mediation process
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