TURKEY: Annual Update – Expected labour law changes in 2016
Collective Labour Agreements (CLA)
Authorisation Criteria for Conclusion of a CLA: The 3% employee membership criteria for trade unions to obtain authorisation to conclude a CLA has been reduced to 1%.
Action required: For information only.
Exemption for Authorisation Criteria for Conclusion of a CLA: The following unions have the authority to conclude a CLA regardless of the 1% employee membership criteria in a given branch of activity: (a) unions which represent at least 10% of the employees in a given branch of activity and (b) unions which were established between July 17, 2009 and September 15, 2012, but limited to authorisation applications for CLAs signed following the expiration of a previous CLA which was itself concluded before April 23, 2015, provided that the new applications are made before April 23, 2016.              Â
Action required: For information only.Â
Parental Leave
Paid Parental Leave: Parents are now entitled to 3 days paid leave in case of adoption of a child or the birth of a baby. In addition, paternity leave is established and fathers are entitled to 5 days paid leave. Finally, parents who have a child with 70% disability or chronic illness are entitled to 10 days paid leave within a year on condition that the parents will not take such leave at the same time.
Action required: Existing policies should be amended to reflect the changes and employees should be notified.
Night Working
Working Hours at Night: Employees who work in the tourism, private security and health sectors at night within the statutory limit of seven and half hours per day are now entitled work more than such statutory limit of hours at night on condition that their consents are obtained.
Action required: Employees’ consents must be obtained in writing.
Employee First Aid
Number of First Aiders: Employers are now obliged to employ (a) one first aider for 20 employees in workplaces classified as of low danger; (b) one first aider per 15 employees in workplaces classified as dangerous, and (c) one first aider per 10 employees in workplaces classified as of high danger. Furthermore, the training period of the first aiders (in order to be competent) is decreased from 40 hours to 24 hours.
Action required: Employers should check to ensure they comply with this rule. Breaches incur administrative fines.