Navigating the Workplace Landscape in Turkey: Regulations and Practices
In the realm of employment in Turkey, the concept of the workplace is pivotal, with regulations and practices shaping the dynamics of the employer-employee relationship. Here, we delve into key considerations regarding the workplace in Turkey, ranging from its definition to the establishment of enduring workplace practices.
According to the Labor Law, the workplace is essentially any location agreed upon by the employer and the employee in Turkey. While this definition provides flexibility, it typically aligns with the employer’s registered place of business, encompassing offices, facilities, or factories. Employers bear the responsibility of officially registering their workplaces with the Ministry of Labor at the time of opening. Furthermore, any addition to the workforce triggers a mandatory notification obligation to the Ministry of Labor, underscoring the need for transparent communication in the employment process.
In instances of workplace transfer or closure, employers are again obligated to inform the Ministry of Labor. This regulatory requirement aims to ensure that authorities are apprised of changes that may impact the workforce, facilitating oversight and regulatory compliance in the evolving landscape of employment.
An intriguing facet of workplace dynamics in Turkey is the concept of a “workplace practice.” This arises when employers consistently provide certain benefits to employees, resulting in the establishment of binding practices. The Supreme Court of Appeals has set a precedent defining “continuously” as occurring at least three times in a row. This practice must exhibit consistency and general application, extending to all or at least a definable group of employees.
Various benefits can evolve into workplace practices, with examples including bonuses, clothing allowances, fuel allowances, and accommodation benefits. As these benefits become ingrained in the employment relationship, they transform into obligations for the employer. This legal recognition seeks to protect employees from arbitrary changes in established practices, fostering a sense of stability and predictability in the workplace.
The identification of a workplace practice carries implications for both employers and employees. Employers must be cognizant of the potential transformation of certain benefits into binding practices, necessitating a thoughtful and consistent approach to benefit administration. Conversely, employees can rely on established workplace practices, fostering a sense of security in their employment and the assurance of consistent treatment.
In essence, understanding the intricacies of the workplace in Turkey involves navigating both regulatory requirements and the evolution of workplace practices. Employers play a crucial role in adhering to notification obligations and managing the establishment of enduring practices that contribute to a stable and equitable work environment. For employees, recognizing and understanding workplace practices provides a foundation for expectations and contributes to a workplace characterized by fairness, transparency, and a sense of mutual commitment.
San Global is well-equipped to assist you with your Employer of Record (EOR) and payroll requirements (also known as the Umbrella Company) in Turkey. We are capable of handling your HR (Recruitment) needs, even in the absence of a legal entity in Turkey.