Navigating Turkish Labor Law: How Employer Obligations Vary with Employee Numbers

Employers' obligations are outlined in various laws. They have both general and specific duties, which vary depending on the number of employees in the workplace. For example, according to Article 68 of Labor Law No. 4857, the employer must provide a rest period for all employees, regardless of the number of workers. However, this article focuses only on the employer's obligations that depend on the number of employees. Under Turkish labor legislation, the employer's obligations based on the number of employees are as follows:

Labor Law No. 4857

• Job Security Provisions
  If a workplace employs 30 or more workers, and those employees have been employed for more than six months under an indefinite-term employment contract (provided they are not the employer's representative), they are entitled to benefit from the job security provisions outlined in Articles 18-21 of the Labor Law.
  If employees are subject to job security, the employer must fulfill certain obligations to terminate the employment contract. Failure to do so results in unlawful termination, allowing the employee to file for reinstatement and claim labor receivables.
• Obligation to Employ Disabled and Ex-convict Workers
  Pursuant to Article 30 of the Labor Law, employers must employ 3% disabled workers in private sector workplaces with 50 or more employees. In the public sector, the requirement is 4% disabled workers and 2% ex-convicts.
  As per Article 101, the employer or their representative who fails to meet this obligation will be fined 30,081 TL (for 2025) for each disabled worker and ex-convict not employed, for each month of non-compliance.
• Notification Requirement in Collective Layoffs
  According to Article 29, collective layoffs occur under the following conditions:
  a) At least 10 workers in workplaces with 20 to 100 employees.
  b) At least 10% of workers in workplaces with 101 to 300 employees.
  c) At least 30 workers in workplaces with 301 or more employees.
  Collective layoffs, whether occurring on the same or different dates within a one-month period, must be reported to union representatives, the relevant regional directorate, and the Turkish Employment Agency.
  Employers who violate these provisions, as per Article 100, will face an administrative fine of 7,924 TL (for 2025) for each worker dismissed in violation of the law.

Occupational Health and Safety Law No. 6331

• Obligation to Appoint Employee Representatives
  Article 20/1 of Law No. 6331 requires employers to appoint employee representatives based on the number of employees in the workplace, either through election or appointment (when election is not possible), considering the risks present. The required number of representatives is:
• One in workplaces with 2 to 50 employees.
• Two in workplaces with 51 to 100 employees.
• Three in workplaces with 101 to 500 employees.
• Four in workplaces with 501 to 1000 employees.
• Five in workplaces with 1001 to 2000 employees.
• Six in workplaces with 2001 or more employees.
  Failing to appoint the required number of representatives results in an administrative fine starting at 17,686 TL* (for 2025)
• Obligation to Appoint Occupational Safety Specialists, Occupational Physicians, and Other Health Personnel
  According to Article 6 of Law No. 6331, in workplaces categorized as extremely hazardous with 10 or more employees, the employer must appoint an occupational safety specialist, an occupational physician, and other health personnel. If a full-time occupational physician is appointed, other health personnel may not be required.
  Non-compliance with these requirements will result in a fine starting from 88,663 TL* (for 2025) for each position not filled, and the same amount will be fined for each month of non-compliance. Failure to appoint other health personnel will incur a fine starting from 44,304 TL* (for 2025) for each individual position not appointed.
• Obligation to Establish an Occupational Health and Safety Committee
  Article 22/1 of Law No. 6331 mandates that workplaces with 50 or more employees, where continuous work is carried out for more than six months, must establish a committee to manage occupational health and safety activities.
  Failure to establish such a committee will result in an administrative fine starting at 35,416 TL* (for 2025).

Regulation on Occupational Health and Safety Services

• Physical Conditions for Occupational Health and Safety Services
  According to Article 11 (2) of the Regulation, workplaces with 50 or more employees must allocate two rooms of at least 8 m² for occupational health and safety services. In workplaces with fewer than 50 employees, the employer must provide a suitable area for occupational physicians and other health personnel to work effectively.
  Non-compliance with this obligation results in a monthly fine starting from 17,686 TL* (for 2025).

Other Legislation

• Obligation to Appoint Occupational Safety Specialists
  As per Article 12 of the Regulation on the Duties, Authorities, Responsibilities, and Training of Occupational Safety Specialists, employers must appoint a full-time occupational safety specialist based on the following criteria:
• At least one specialist per 1000 employees in the less hazardous category (for workplaces with 1000 or more employees).
• At least one specialist per 500 employees in the hazardous category (for workplaces with 500 or more employees).
• At least one specialist per 250 employees in the extremely hazardous category (for workplaces with 250 or more employees).
  Non-compliance will result in a monthly fine starting from 17,686 TL* (for 2025).
• Obligation to Appoint Occupational Physicians
  Article 12 of the Regulation on the Duties, Authorities, Responsibilities, and Training of Occupational Physicians and Other Health Personnel requires employers to assign a full-time occupational physician according to the following criteria:
• At least one physician per 2000 employees in the less hazardous category (for workplaces with 2000 or more employees).
• At least one physician per 1000 employees in the hazardous category (for workplaces with 1000 or more employees).
• At least one physician per 750 employees in the extremely hazardous category (for workplaces with 750 or more employees).
  Non-compliance results in a monthly fine starting from 17,686 TL* (for 2025).
• Obligation to Establish Breastfeeding Rooms or Childcare Facilities
  As per Article 13 of the Regulation on the Conditions of Employment for Pregnant or Breastfeeding Women, Breastfeeding Rooms and Childcare Facilities, employers are required to establish a breastfeeding room or a childcare facility depending on the number of female employees:
• Workplaces with 100-150 female employees must provide a breastfeeding room at least 250 meters from the workplace.
• Workplaces with more than 150 female employees must provide a childcare facility close to the workplace.If the facility is more than 250 meters away, transportation must be provided.
  Failure to comply with this obligation results in a monthly fine starting from 17,686 TL* (for 2025), and such a breach is considered a just cause for termination according to the Court of Cassation.
• Obligation to Establish an Annual Leave Committee
  Under Article 15 of the Regulation on Annual Paid Leave, workplaces with more than 100 employees must establish a leave committee consisting of three individuals: one representing the employer and two representing the employees.
  Non-compliance with leave provisions will result in an administrative fine of 3,837 TL (for 2025) for each worker for whom leave is not provided or is provided incorrectly.
• Provision of Resting Places
  According to the Minimum Health and Safety Requirements for Workplace Buildings and Premises, workplaces with 10 or more employees must provide a suitable resting place. Workplaces with offices that serve as resting areas may be exempt from the separate resting place requirement.
  Non-compliance will result in a monthly fine starting from 17,686 TL* (for 2025).
• Obligation to Pay Wages and Other Remuneration through Banks
  Article 10 of the Regulation on the Payment of Wages, Premiums, Bonuses, and All Kinds of Remuneration requires employers with at least five employees to pay wages and other remuneration through banks.
  An administrative fine of 2,179 TL (for 2025) will be imposed for non-compliance.
• Obligation to Provide Internship and Supplementary Education
  According to Article 18 of the Vocational Education Law No. 3308, enterprises with 10 or more employees must provide vocational training and internships to students of vocational and technical education institutions.
  Employers failing to comply must deposit into the Treasury account a specified amount per student during the training period.

*These administrative fines can be increased according to the hazard class and number of employees in the workplace.

Conclusion

Employers must comply with various obligations based on the number of employees in their workplace, with non-compliance resulting in administrative fines and legal sanctions. Adherence to these obligations is essential to protect employees' rights, foster fairness, and create a safe working environment. Compliance not only prevents legal consequences but also helps in cultivating a positive organizational culture, improving employee morale, and increasing productivity. Employers who prioritize legal compliance demonstrate their commitment to ethical business practices and long-term sustainability, enhancing trust within their workforce and the broader community.

With thanks to Derya Vural for her contribution to this article.