In Turkey, labor laws provide a framework for the termination of employment contracts. This includes both ordinary and justified termination, each with its own set of conditions.

Ordinary Termination

Ordinary termination can occur under several circumstances:

• Mutual Agreement: The contract ends when both the employer and employee agree to its termination.
• Employee Resignation: The contract ends when the employee gives appropriate notice of their intention to leave.
• End of Fixed-Term Contract: The contract ends naturally upon the expiry of a fixed-term contract.
• Retirement: The contract ends when the employee reaches retirement age.
• Death of the Employee: The contract ends upon the employee's death.

Justified Termination

Justified termination can occur under the following conditions:

• Valid Reasons Related to Employer's Needs: This includes economic downturn, business restructuring, or technological changes impacting the job role.
• Valid Reasons Related to Employee Capacity or Conduct: This includes insufficient performance or qualifications, ill health preventing job duties (subject to legal limits), and serious misconduct.

Notice Requirements

The notice periods in Turkey are generally dependent on the employee's length of service:

• Less than 6 months: 2 weeks' notice
• Between 6 months and 1.5 years: 4 weeks' notice
• Between 1.5 years and 3 years: 6 weeks' notice
• More than 3 years: 8 weeks' notice

Severance Pay

Employees dismissed under ordinary termination circumstances are entitled to severance pay. The eligibility and calculation of this pay are based on the length of service and final salary.

Turkey's legal framework addresses discrimination, although it offers less comprehensive protection compared to some other countries. The country's anti-discrimination laws primarily focus on gender, language, race, color, religion, sect, political opinion, and philosophical belief. The Turkish Constitution explicitly prohibits discrimination on these bases. Additionally, the Turkish Penal Code criminalizes acts of hatred and discrimination based on other traits such as ethnicity. However, sexual orientation and gender identity are not explicitly included as protected characteristics under Turkish law.

Protected Characteristics

• Gender: Explicitly prohibited discrimination on the basis of sex.
• Language, Race, Color, Religion, and Sect: Protection from discrimination related to these characteristics is also embedded in the constitution.
• Political Opinion and Philosophical Belief: Turkish law offers protection against discrimination stemming from political and philosophical ideologies.
• Others: Acts of hatred and discrimination based on other traits such as ethnicity are criminalized.

Redress Mechanisms

Individuals who believe they have been subjected to discrimination in Turkey have several options. They can file complaints with the Human Rights and Equality Institution of Turkey (TİHEK) or the Ombudsman Institution. These bodies investigate complaints and can recommend remedies. Victims of discrimination may also pursue legal remedies in labor courts or through criminal proceedings, depending on the nature of the discrimination.

Employer Responsibilities

Employers in Turkey have a responsibility to foster a non-discriminatory workplace. They should implement policies and procedures that promote fair treatment and prevent discrimination. Employers should also educate employees about anti-discrimination laws and foster a company culture that is inclusive and respectful. Additionally, they should establish a clear mechanism for addressing complaints of discrimination and take prompt action to investigate and rectify any substantiated cases.

Turkish anti-discrimination laws are evolving, and it's advisable to consult with legal experts or human rights organizations for the most up-to-date information.

Turkish labor laws provide a framework for standard work weeks, rest periods, and ergonomic considerations to ensure the well-being of employees.

Work Hours

The standard workweek in Turkey is 45 hours, with a maximum of 9 hours of work per day. Overtime work that exceeds these daily or weekly limits is permitted, but it is regulated. Overtime compensation is required by law, typically at a rate of 1.5 times the regular wage on weekdays, with higher rates on Sundays and holidays.

Rest Periods

Turkish labor law mandates at least one hour of uninterrupted rest during a workday that exceeds seven hours. All employees are entitled to a weekly rest period of at least one day, typically on Sundays. Employees also accrue paid annual leave, with the minimum entitlement being 14 days after one year of service. The duration of this leave increases with seniority.

Ergonomic Requirements

While Turkish labor legislation does not explicitly outline detailed ergonomic requirements, the overarching focus on worker health and safety suggests that ergonomic considerations are likely addressed to some extent. The Ministry of Labor and Social Security (MLSS) is responsible for issuing regulations on occupational health and safety, which may include ergonomic principles.

Turkish law prioritizes worker well-being through a comprehensive framework of health and safety regulations. Understanding these guidelines is crucial for both employers and employees.

Employer Obligations

Turkish employers have a legal duty to safeguard worker health and safety by:

• Risk Assessment and Mitigation: Employers must proactively identify and assess potential workplace hazards. They are obligated to implement preventative measures to minimize these risks.

• Provision of Safe Equipment and Training: Employers are responsible for providing employees with the necessary personal protective equipment (PPE) and comprehensive training on safe work practices specific to their roles.

• Emergency Preparedness: Employers must develop and implement emergency plans outlining procedures for responding to accidents, fires, and other emergencies.

• Accident Reporting and Investigation: All work-related accidents and illnesses must be reported to the relevant authorities. Employers are obligated to investigate these incidents to prevent future occurrences.

• Occupational Health Services: Depending on the industry and number of employees, companies may be required to establish Occupational Health Services to monitor employee health and provide preventive measures.

Employee Rights

Employees in Turkey possess fundamental rights regarding workplace health and safety:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to their health and safety.

• Access to Information and Training: Employees have the right to receive clear and comprehensive information and training on workplace hazards, safe work procedures, and emergency protocols.

• Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe or poses an imminent threat to their health and safety, provided they have reasonable justification for their concern.

Enforcement Agencies

The primary responsibility for enforcing health and safety regulations in Turkey falls under the purview of the Ministry of Labor and Social Security (MLSS). Its Labour Inspection units conduct regular workplace inspections to ensure compliance.

The Ministry of Health also plays a role in workplace health and safety through its Department of Occupational Health. This department develops and promotes health and safety standards, conducts research, and provides technical guidance.