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CONSIDERATIONS FOR HUMAN RESOURCES IN TERMS OF LABOR LAW IN TURKEY

In terms of labour law and related legislation, there are fundamental issues that human resources departments of companies should pay attention to. It is emphasized that employers should clearly define working conditions in employment contracts, take necessary measures for occupational health and safety, determine working hours and leaves in accordance with labour law regulations, protect workers' rights, prevent behaviours such as mobbing and harassment, carry out dismissal procedures in accordance with labour law regulations, carry out tax and insurance procedures correctly, and ensure equality and non-discrimination. It is also important to determine working conditions in accordance with labour law regulations. If these issues are not taken into consideration, companies may face problems in terms of labour law.


In terms of labour law in Turkey, the main issues that human resources departments of companies should pay attention to can be listed as follows:


Employment Contracts: Employers must clearly define the working conditions in employment contracts. These conditions may include the employee's wage, position, place of work, contract term, probationary period, working hours, working conditions, reward and punishment system, performance evaluation system, non-competition obligation, intellectual and industrial rights, protection of personal data and training for the company. It is of great importance to complying with labour law regulations during the drafting and signing of employment contracts.


Occupational Health and Safety: Employers are obliged to take necessary measures for the health and safety of employees at work. In this context, measures such as identifying hazardous conditions in the workplace, regularly checking work equipment, and providing trainings for the safety of workers should be taken. Legal legislation should be followed up with teams of occupational health and safety experts and lawyers and compliance with OHS obligations should be ensured.


Working Hours and Permits: Work hours, weekly working hours, vacation days, annual leaves and other leaves of workers should be determined in accordance with labour law regulations. Employers are required to respect workers' rights to rest and vacation. Another critical issue is the regulation and recording of overtime working hours.


Mobbing and Harassment: Behaviors such as mobbing and harassment in the workplace are prohibited by labour law. Employers are required to prevent such behaviour and protect employees in such situations.


Dismissal: Employers must carry out dismissals in accordance with labour law regulations. The reasons for dismissal must be clearly stated and the employee must be given the right to defence before dismissal. The dismissal procedure will also determine the compensation and other receivables to be paid. At this point, the entire process from the point of dismissal must be carried out according to the law and legal advice.


Tax and Insurance Arrangements: Employers are required to ensure the correct tax and insurance treatment of their employees. Employers should regularly pay their employees' insurance and fulfil other tax obligations in accordance with labour law regulations.


Equality and Discrimination: Employers have an obligation to pay attention to equality in all employee-related transactions; they must not discriminate in business decisions such as recruitment, promotion, remuneration and dismissal. Labor law prohibits discrimination based on gender, race, religion, age, sexual orientation, etc.


Working Conditions: Employers are required to determine working conditions in accordance with labor law regulations and share these conditions with employees. Working conditions may include issues such as working environment, use of equipment, workload, number of workers.


Employer Relations: Employers are required to conduct employer relations in accordance with labor law regulations. Employers must not engage in unfair behaviour to compete with other employers and must deal fairly with their suppliers, customers and other business partners.


Workplace Discipline: Employers are required to ensure workplace discipline in accordance with labor law regulations. Employers are required to take the necessary measures to ensure that employees comply with the rules in the workplace.


Workplace Internal Regulations: Internal procedures and policies, which have an important place in employer-employee relations, help to increase productivity in the workplace, maintain workplace discipline, and ensure transparency in termination procedures. Internal workplace regulations can determine dismissal procedures and establish disciplinary boards and regulations.


Preparation of Personnel File: It is important to determine the documents required to be included in personnel files according to workplace requirements. It is of utmost importance that the personnel file meets the legal requirements, that payrolls are organized and maintained in accordance with the legal legislation and jurisprudence, and that the personnel files contain documents that may be requested by the courts.


Protection of Personal Data: Employers are required to protect personal data collected during job interviews and personal data of employees whose employment contracts have been concluded in accordance with labor law regulations. Employers should use the personal data of employees only for business purposes and ensure the security of the data. In addition, they should train their personnel on this point.


These are the main issues that the human resources department of companies should pay attention to in terms of labor law. It is of great importance for employers to pay attention to these issues in order to protect the rights of workers and to conduct business in accordance with labor law regulations. Labor law is a comprehensive field that includes many issues and it is important for employers to take preventive legal measures.You can contact us for detailed legal information and advice.


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