Ayse Bengul OZDEMIR CABAR
28 March 2016
The Law No.6663, amending the Income Tax Law and certain other laws, was published in the Official Gazette number 29620 on 10.02.2016 and entered into force on the same day (“Amending Law”). The Amending Law has introduced many changes amongst other laws, to the Labor Law No 4857 (“Labor Law”). Below is a brief summary of novelties introduced by the Amending Law specifically to the Labor Law.
AMENDMENTS REGARDING UN-PAID LEAVE RIGHT AND THE PART-TIME WORKING RIGHT FOR FEMALE EMPLOYEES
In addition to the above rights, a female employee may, following the end of the paid maternity leave, take un-paid leave for up to half of her weekly working hours at the following terms upon their request:
- 60 days for the first birth
- 120 days for the second birth
- 180 days for the third or more births (“Part Time Working”).
30 days will be added to the above mentioned periods in case of multiple births and the period will be 360 days in case the child is disabled. Provisions as to breast-feeding leave cannot be applied within such periods.
At this point, the question arises whether the female employee may still use her un-paid leave right up to 6 months following the end of part time working rights or not. It is still not clear how such leave rights will be used and in which order.
- the female employee shall apply to the Turkish Employment Organization within 30 days after the end of her maternity leave,
- 600 days Unemployment Insurance premium shall have been paid before childbirth in the name of the female employee,
- the female employee shall be working for at least half of the weekly working hours.
Save for compelling reasons, in the case that the female employee does not apply within 30 days as of the date when the paid maternity leave ends, the payment will be made by deducting the amount of the time elapsed during the application period from the total amount of the time, for which part-time working allowance is deserved.
 The part-time working stated herein should not be confused with the part-time employment known in practice as part-time employment model. The part-time working stated herein is introduced newly by the Amendment Law and only female employees have the right to benefit from it.
PART-TIME WORKING RIGHT FOR PARENTS
Procedures and principles as to which sectors and jobs are suitable for part-time working and practice will be specified by regulations to be announced by Ministry of Labor and Social Security.
EMPLOYEES ADOPTING A CHILD UNDER THREE YEARS OF AGE
ENFORCEMENT PERIOD OF MENTIONED AMENDMENTS AND IMPLEMENTATION
Although the amendments look positive at the first glance, it is criticized on the grounds that it will cause several difficulties and confusions for employers.
It will be possible to further interpret the procedures and principles of implementation of recent amendments in detail once the regulations are issued by the Ministry of Labor and Social Security, Ministry of Finance, Social Security Institution, Institution and Secretariat of Treasury.
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.