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Art. 36/5 of the Labor Law is amended by Law No. 6552. As per
the amended article, where the employers appoint subcontractors, they
shall be obliged to examine monthly, ex-officio or upon an employee’s
request, whether the salaries of subcontractor employees are paid or
not. If the salaries of subcontractor employees are not paid, the
employers shall deduct this unpaid amount from subcontractors’
progress payment and deposit the amount into the bank accounts of the
subcontractor’s employees.
Additionally, the paid annual leaves of the subcontracted employ-
ees who continue to work in the same workplace shall be provided and
controlled by the employers, even if the subcontractor has changed.
New regulations are introduced regarding the severance pay of
subcontractor employees who work in public agencies within the
framework of the Public Tender Act No. 4734.
Regulations Regarding Collective Labor Law
Pursuant to the paragraph added to Art. 26 of the Law on Trade
Unions and Collective Bargaining Agreements No. 6356 (“Law on
Trade Unions and Collective Bargaining Agreements”), employer
unions may create a fund for solidarity and aid, provided that relevant
provisions are stated in their by-laws and the conditions are determined
with a general assembly resolution.
Another significant amendment made in the Law on Trade Unions
and Collective Bargaining Agreements is that: in order to conclude a
collective labor agreement, the condition of “having at least three per-
cent of the members within the line of business to which it pertains” is
diminished to “one percent”.
Regulations Regarding the Underground Workers
The 6-month severance period shall not be required for under-
ground workers when labor contracts are terminated based on valid
grounds. Thus, underground workers are included in the scope of job
security even though they have worked for less than 6 months.
Pursuant to the regulation added by Law No. 6552 to Art. 63 of the
Labor Law, the maximum working hours of underground mining
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NEWSLETTER 2014