Amendments to the Labor Law by Law No. 6552
Introduction
The Law on the Amendment to the Labor Law and Certain Statutory Decrees and Restructuring Certain Receivables (“Law No. 6552”) was published in the Reiterated Official Gazette, dated 11.09.2014 and numbered 29116. Law No. 6552, which consists of 145 articles along with 3 temporary articles, is publicly known as “the omnibus law” since it comprises various regulations.
Significant amendments on subcontractors, collective labor law, underground workers and workplace safety and security are introduced under Law No. 6552. These amendments are examined in this newsletter article.
Regulations Regarding Subcontractors
Pursuant to Art. 3 of Labor Law No. 4857 (“Labor Law”), the subcontractors shall register their workplaces, along with the subcontractor agreement and relevant documents. The subcontractor agreement and other relevant documents shall be examined by labor inspectors to determine if there are any fictitious transactions. As per the former regulations, an objection could be made to the local courts by employers against the labor inspectors’ report on the determination of a fictitious transaction within 6 business days beginning from the date of notification of such report. Then, the relevant decisions rendered by the local court regarding any objections were final. However, Law No. 6552 extends the objection period to 30 business days and allows appeals against local court decisions.
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 employees 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 percent 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 underground 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 employees shall not extend beyond 36 hours per week and 6 hours per day.
The underground mining employees shall not be asked to work overtime unless urgent conditions, as stated under Art. 42, and extraordinary conditions as stated under Art. 43 of the Labor Law, arise. Under the aforesaid urgent or extraordinary circumstances, the hourly payment for every hour exceeding 36 hours shall not be less than one hundred per cent of the normal hourly payment.
In accordance with the regulation added by Law No. 6552 to Art. 53 of the Labor Law, underground workers shall have four additional days added to their paid annual leave.
Moreover, the minimum wages of underground workers who work at workspaces where lignite and mineral coal are mined are increased. Pursuant to the regulation added by Law No. 6552 to Additional Art. 9 of the Mining Law No. 3213, at workplaces where lignite and mineral coal are mined, the minimum wage paid to the underground workers shall not be less than twice as much of the minimum wage determined under Art. 39 of the Labor Law.
Regulations Regarding Occupational Health and Safety
Regulations on the international navigation of vehicles operating in maritime transportation are taken out of the scope of the Occupational Health and Safety Law No. 6331 (“Occupational Health and Safety Law”).
New regulations are introduced by Law No. 6552 to the articles on the occupational health and safety.
According to Art. 6/1.a of the Occupational Health and Safety Law, health personnel other than the doctor shall be recruited in the work places with more than ten employees and that are in the category of very dangerous. According to another insertion, in work places that employ less than ten employees and that are in the category of less dangerous, the employer and the representative of the employer may conduct occupational health and safety services, except the periodic examinations and examinations for recruitment, provided that they conclude the trainings given by the Ministry.
As per the regulation brought with the Law No. 6552 to Art. 6/4 of the Occupational Health and Safety Law, apprentices and trainees shall not be counted in the number of employees working in the workplace in compliance with the Occupational Health and Safety Law.
Finally, pursuant to the regulation added to Art. 30 of the Occupational Health and Safety Law, the training programs related to occupational health and safety services, the training period, qualifications of the trainers, matters on assignment and related principles and procedures shall be determined by the Ministry of Labor and Social Security in workplaces which employ less than 10 employees, and which are specified under a less dangerous class.
Conclusion
Significant amendments on subcontractors, collective labor law, underground workers and workplace safety and security are introduced under Law No. 6552. It is seen that, said amendments bring particular regulations in favor of subcontractor employees and underground workers and the responsibility of the employers and subcontractors is increased.
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