Workplace Safety and Labor Rights for Foreign Workers in Turkey

Turkey has become a growing destination for foreign workers due to its expanding economy and diverse employment opportunities. However, understanding Turkish labor laws, particularly those related to workplace safety and worker rights, is crucial for foreign nationals. Governed by the Turkish Labor Code (Law No. 4857) and other regulations, foreign workers in Turkey are entitled to the same labor protections as Turkish citizens. This guide outlines the key labor rights and workplace safety standards for foreign workers in Turkey.

Workplace Safety Standards in Turkey

Occupational Health and Safety Law (No. 6331)

  • Turkey's Occupational Health and Safety Law (No. 6331) applies to all workplaces, regardless of size or industry. Employers are required to take necessary measures to ensure the safety and health of all employees, including foreign workers.
  • Employers must provide regular occupational health and safety training to workers and ensure that proper safety equipment is available and used.

Risk Assessments

  • Employers are obligated to carry out risk assessments to identify potential hazards in the workplace and implement measures to mitigate these risks. This applies to all workers, including those on temporary contracts or working part-time.
  • Regular safety inspections and audits are required to ensure compliance with safety regulations.

Workplace Accidents and Compensation

  • In the event of a workplace accident, foreign workers are entitled to the same compensation and medical care as Turkish employees. Employers must report all workplace accidents to the Social Security Institution (SGK) and provide medical care for injured workers.
  • Compensation for workplace injuries can include medical expenses, lost wages, and, in severe cases, disability compensation.

Labor Rights for Foreign Workers in Turkey

Equal Treatment Principle

  • Under Turkish law, foreign workers are entitled to the same labor rights as Turkish citizens. This includes protection against discrimination based on nationality, race, or gender. Employers must treat foreign and local workers equally in terms of working hours and working conditions. However, wages for foreign workers in some sectors are set higher than the national minimum wage, depending on the worker’s qualifications and job type.

Working Hours and Overtime

  • The maximum standard working hours in Turkey are 45 hours per week, typically spread over six days. Any work performed beyond these hours is considered overtime, and workers are entitled to an overtime pay rate of at least 1.5 times their regular hourly wage.

Minimum Wage

As of 2024, the national minimum wage in Turkey has been set at 17,002 TRY (gross) per month. However, for foreign workers, particularly those in specific skilled positions, higher wage thresholds may apply:

  • Senior managers or experts may be required to earn up to four times the local minimum wage.
  • Specialized workers and engineers may be required to earn twice the national minimum wage.

Right to Collective Bargaining

  • Foreign workers have the right to join or form labor unions and engage in collective bargaining. This right is protected by Turkish law, and workers cannot be dismissed or penalized for union activities.

Work Permits and Employment Contracts

Legal Work Permit Requirement

  • Foreign workers must have a valid work permit to be employed in Turkey. Work permits are issued by the Ministry of Labor and Social Security and are tied to a specific employer. Employers are responsible for applying for work permits on behalf of foreign employees.

Employment Contracts

  • All foreign workers must have a written employment contract outlining the terms of their employment, including wages, working hours, and job duties. This contract must comply with Turkish labor laws, and workers should ensure they fully understand the terms before signing.

Social Security and Health Insurance

Social Security Contributions

  • Employers and foreign workers must contribute to Turkey’s social security system (SGK). These contributions cover healthcare, pension, and unemployment benefits. Workers employed in Turkey, regardless of nationality, are eligible for social security benefits, provided they meet the minimum contribution periods.

Health Insurance

  • Foreign workers are entitled to health insurance coverage through the SGK. This coverage includes access to public healthcare services, and workers can also opt for private health insurance if desired.

Recent Developments

Enhanced Safety Standards

  • As of 2024, Turkey has introduced stricter safety regulations in high-risk industries such as construction, manufacturing, and mining. Employers in these sectors must comply with updated safety protocols and provide additional training to workers.

Online Work Permit Renewals

  • Turkey has streamlined the process for renewing work permits for foreign workers, allowing employers to submit applications and track their status online. This change aims to reduce processing times and ensure compliance with labor laws.

Conclusion

Foreign workers in Turkey are entitled to robust labor rights and protections under Turkish law, from workplace safety standards to equal treatment and fair compensation. Understanding these rights and navigating the legal framework for employment is crucial for ensuring a safe and fair working environment. Employers must comply with all legal requirements, including providing safe working conditions, securing work permits, and contributing to social security for their foreign employees.

SON MAKALELER

Judicial Expenses: Fees and Attorney Costs in Criminal Procedure

Learn about judicial expenses in criminal proceedings, including fees, attorney fees, and state treasury expenses. Detailed explanations on expense allocation and payment methods.
Av.Hüseyin Bayar 11.11.2024

Confiscation Procedure: Asset Seizure Process in Criminal Procedure Law

Learn about the confiscation procedure in criminal law. This article provides details on confiscation orders, the return of assets, and appeal rights under the Criminal Procedure Code.
Av.Hüseyin Bayar 11.11.2024

Representation of Legal Entities in Criminal Investigations and Prosecutions

This article provides comprehensive information about the representation, rights, and legal standing of legal entities in criminal proceedings under Article 249 of the Criminal Procedure Code.
Av.Hüseyin Bayar 10.11.2024
İLETİŞİM