This memorandum is prepared to inform you on legislative amendments regulated under;
➢ The Regulation Amending the Regulation regarding the Amendments on Annual Paid Leave Regulation entered into force on August 18,2017;
➢ The Regulation on Overtime work and Work at Extra Hours regarding the Labour Law, entered into force on August 25, 2017;
➢ The Regulation on Working Hours regarding the Labour Law, entered into force on August 25, 2017;
➢ The Regulation Amending the Subcontracting Regulation, effectuated on August 25, 2017; and
➢ The Regulation on Employee Inventions entered into force on September 29, 2017
I. Amendments brought by “The Regulation Amending the Regulation regarding the Amendments on Annual Paid Leave Regulation”
• According to the previous regulation,
upon agreement of the employee and the employer, employees were able to use their annual paid leaves divided in 3 parts at most, provided that one of the periods is not less than 10 days. However, with the amendment, the rule on dividing the leave in 3 parts is abolished and now the employees can use their “annual paid leaves in parts” without any restriction on the parts’ periods.
• It is regulated that in cases where the subcontractor changes but the principle employer stays the same, annual leave rights of the subcontractor’s employee shall be calculated in consideration of the employment period spent in the respective workplace. In other words, annual leave rights of the subcontractor’s employee will not be reset in case of subcontractor change. Furthermore, with the new regulation, principle employer is now obliged to monitor subcontractor’s employees as to whether they used their annual leaves and to make sure that these employees use their annual leaves within the respective year. During the fulfilment of such obligation by the principle employer, the subcontractor shall provide the principle employer with a copy of annual leave forms.
• Annual leave days of the employees working underground are increased 4 days per year.
II. Amendments brought by “The Regulation on Overtime work and Work at Extra Hours regarding the Labour Law”
• Obligation to obtain the employee’s written consent for overtime works to be performed at the beginning of each year as per the previous legislation is no longer in force. With the new legislation employee’s consent for overtime work can be received with the employment contract or in cases where overtime is required.
• The employee can withdraw his consent for overtime work if the employee provides the employer with the written notice 30 days prior.
• Wage for every hour that exceeds weekly thirty-seven and a half hours of work by the underground mineworkers in compulsory and emergency situations will be paid at least with an increase by 100% of the regular hourly wage.
• The underground mineworkers shall not perform overtime work except for compulsory and emergency situations.
III. Amendments brought by “The Regulation on Working Hours regarding the Labour Law”
• With the new legislation, maximum regular weekly working time for underground mineworkers can be 37,5 hours and the daily working time is 7,5 hours at most.
• In the tourism sector, the average weekly working hours during the 4-month period cannot exceed the regular weekly working hours, equalization periods can be extended up to 6 months by the collective labour agreements.
IV. Amendments brought by “The Regulation Amending Subcontracting Regulation”
• Following determination of simulation in subcontracting relationship between principle employer and subcontractor, the objection period against the inspectors’ report and applicable sanctions have been amended.
• While the inspector report prepared regarding the simulation was served by Regional Directorate, with the new amendment, such reports shall be served by Provincial Directorates of Labour and Employment Agencies.
• The period of objection against inspector report has been increased to 30 days from 6 days.
• It is regulated that the judgement following the objection shall be finalised within 4-month period and the Court of Appeals shall give its final ruling within 6-month period in case of appeal of such ruling. Furthermore, it is specifically mentioned that the objection against the reports shall be made before authorised labour courts.
• The paragraph regulating the administrative fine to be applied to the principle employer and subcontractor or their representatives following the determination of simulation or final ruling on simulation has been removed.
V. The Regulation on Employee Inventions
• The obligation of the employer to make a payment and give encouragement award to the employee who makes an invention during his employment has been regulated. Payment and encouragement award shall be determined considering the value added to the enterprise by the employee with his invention.
• The contracts executed with the employees previously regulating that no payment will be made to the employee upon his invention, became null and void.
• The employee may allege that the payment made to him by his employer upon his invention, was deficient and against equity only within 6 months as of termination of his employment.
The employee shall notify his employer regarding his invention immediately and provide the required technical solution and relevant documentation to the employer. In the contrary, the employee shall be responsible from the damages that may arise due to such delay.