Staying informed about changes in employment law is essential for both employers and employees in Türkiye. Recent updates in regulations and judicial decisions have introduced new obligations and clarified procedures, directly impacting workplace practices. This article offers a comprehensive overview of the latest legal developments in Turkish employment law as of April 2025, focusing on occupational health and safety services, amendments to active labor force service regulations, and a notable Supreme Court decision regarding amendment fees.
Legal Framework and Recent Amendments
Occupational Health and Safety Services: New Guidelines for Employers
The Ministry of Labor and Social Security recently issued detailed guidance on the provision of occupational health and safety (OHS) services in workplaces with fewer than 50 employees classified as "less hazardous." According to the updated Regulation on Occupational Health and Safety Services Provided by Employers or Employer Representatives, both employers and their representatives may fulfill certain OHS duties—traditionally reserved for occupational safety specialists or workplace physicians—after completing a specific training program.
Key Points of the Regulation
- Indefinite Validity of Training: Once an employer or employer representative completes the designated OHS training, the certificate awarded is valid indefinitely. There is no expiration or renewal requirement.
- Definition and Role of Employer Representative: The regulation defines an employer representative as an individual acting on behalf of the employer with a managerial role over the workplace. Notably, to carry out binding transactions, the representative must be employed under a full-time contract.
- Eligibility for Training: The OHS training is accessible to all individuals, with no prerequisites such as a university degree. Upon completion, those listed in the Social Security Institution (SSI) records under specific management-related codes can perform OHS-related transactions for their workplace via the İSG-KÂTİP system.
- Scope of Services: Employers may undertake OHS duties across multiple workplaces within the same province, provided the total workforce remains under 50. Employer representatives, in contrast, are restricted to the single workplace where they are employed full-time.
- Specialist Certificates: Employers and representatives holding an occupational safety specialist certificate may perform OHS services—excluding initial and periodic medical examinations—without undertaking additional training.
Example Scenario
Consider a small tech firm with 40 employees, classified as less hazardous. The owner completes the OHS training and is registered correctly with the SSI. This individual can now manage the company's OHS obligations (except periodic health checks) without hiring an external specialist, resulting in cost savings and streamlined compliance.
Amendments to Active Labor Force Services Regulation
Significant changes have been made to the Regulation on the Principles and Procedures for the Implementation of Active Labor Force Services, primarily affecting on-the-job training and vocational courses in the manufacturing sector.
Highlights of the Amendments
- Reduced Employment Obligation: For on-the-job training programs commencing by December 31, 2026, at least 50% of participants must be employed for 1.5 times the program duration, but not less than 60 days. Previously, the requirement was 60% for twice the program length.
- Vocational Training Courses: Similar employment obligations apply to vocational programs organized by the Turkish Employment Agency (İŞKUR) within the manufacturing sector.
- Reapplication Criteria: When private sector manufacturers reapply for such programs, it is no longer necessary to demonstrate an increase in the number of insured employees equivalent to the number previously covered by employment obligations; it suffices that the number has not decreased.
Practical Example
A furniture manufacturer enrolling ten participants in an on-the-job training program must employ at least five of them for at least 90 days (if the program lasts 60 days). This adjustment offers more flexibility and encourages increased participation from employers.
Case Overview
- Background: An employee sued their former employer for unpaid entitlements after resigning for just cause. During the hearing, the court allowed the plaintiff one week to submit an amendment petition but did not address the amendment fee.
- Judgment: The court partially accepted the claim based on the amounts originally stated, without considering the amended amounts.
- Appeal: The Ministry of Justice appealed the decision, arguing for proper procedure.
- Supreme Court Decision: The higher court concluded that it was unlawful for the lower court to issue a ruling without granting the plaintiff sufficient time to pay the amendment fee. The decision was reversed to ensure adherence to procedural fairness.
Lessons for Employers
Employers facing litigation should be vigilant about procedural deadlines, especially regarding amendment fees. Failure to observe such requirements can lead to unfavorable judgments or the overturning of court decisions.
Practical Guidance for Employers and Employees
What You Need to Know
- For Small Businesses: If your workplace is classified as less hazardous and has fewer than 50 employees, consider completing the OHS training to handle compliance internally.
- For Manufacturing Sector Employers: Review your on-the-job training programs to ensure they meet the updated 50% employment obligation and program length requirements.
- For Parties in Litigation: Always ensure that court-ordered procedural fees, such as amendment fees, are paid within the specified period to avoid legal setbacks.
Actionable Steps
- Review workplace classifications and employee numbers regularly.
- Assign or train a designated individual for OHS responsibilities.
- Consult with legal counsel for program applications or litigation to ensure all regulatory and procedural obligations are fulfilled.
- Monitor updates from official sources such as the Ministry of Labor and Social Security and the Official Gazette.
Conclusion
Recent regulatory amendments and judicial decisions underscore the dynamic nature of employment law in Türkiye. Employers and employees alike are encouraged to stay current with legal obligations, especially regarding occupational health and safety, workforce training programs, and procedural compliance in legal disputes. By proactively adapting to these changes, workplaces can minimize legal risks and foster a safer, more compliant environment
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
