| PECUNIARY PENALTIES TO BE APPLIED IN 2010 ACCORDING TO THE LAW OF 4857 |
| ARTICLE |
PENALTY CLAUSE |
|
PENALTY AMOUNTS (TL) |
DESCRIPTION |
| 3 |
98 |
Not to notify the opening and closing of the workplace, to act contrary to the obligation to report the workplace |
114 (*) |
(*) For every worker employed by the employer or his / her deputy, who violates the first and second paragraphs of the article. |
| 1.145 (**) |
(**) For every worker employed at workplaces covered by Article 85. |
| 11.446 (***) |
(***) The principal employer and sub-employer attorneys who notify the workplace as collusion |
| 5 |
99/a |
To be against the principle of treating workers equally |
100 |
For each worker in this situation |
| 7 |
99/a |
Failure to comply with obligations related to temporary work relationship |
100 |
For each worker in this situation |
| 8 |
99/b |
Not preparing the document on working conditions |
100 |
For each worker in this situation |
| 14 |
99/b |
Acting against the provisions of working on call |
100 |
For each worker in this situation |
| 28 |
99/c |
Not giving a Certificate of Work to the employee leaving the job, writing false information to the document |
100 |
For each worker in this situation |
| 29 |
100 |
Dismissing workers contrary to the provisions of the article (collective dismissal) |
412 |
For each displaced worker |
| 30 |
101 |
Not employing disabled and ex-convicts |
1.552 |
For every disabled and ex-convict and unemployed per month |
| 32 |
102/a |
Deliberately or incomplete payment of wages arising from this law or from TİS or employment contracts |
114 |
For each worker in this situation and for each month |
| 32 |
102/b |
Failure to pay the wages, premiums, bonuses and all kinds of fortifications of this nature, even though it is obligatory, to the bank account opened specially. |
114 |
For each worker in this situation and for each month |
| 37 |
102/b |
Not preparing pay slips |
412 |
< |
| 38 |
102/b |
To give illegal fee cutting penalty or not to notify the reason and account of the deduction |
412 |
< |
| 39 |
102/a |
Not paying the minimum wage or paying less |
114 |
For each worker in this situation and for each month |
| 41 |
102/c |
Not paying overtime, not giving the employee free time in six months or getting overtime without the approval of the worker |
204 |
For each worker in this situation |
| 52 |
102/b |
Not giving the document about the percentage to the representative |
412 |
< |
| 56 |
103 |
Dividing the annual paid leave illegally |
204 |
For each worker in this situation |
| 57 |
103 |
To pay the paid leave fee illegally or incomplete |
204 |
For each worker in this situation |
| 59 |
103 |
Not paying annual leave fee to the employee whose contract is terminated |
204 |
For each worker in this situation |
| 60 |
103 |
Failure to use the paid leave or incomplete the paid leave in violation of the essential procedures of the annual leave regulation |
204 |
For each worker in this situation |
| 63 |
104 |
Failure to comply with working periods and related regulations |
1.034 |
< |
| 64 |
104 |
Failure to comply with remedial work procedures |
204 |
For each worker in this situation |
| 65 |
104 |
Failure to comply with short-time and short-time working arrangements |
204 |
For each worker in this situation |
| 68 |
104 |
Not to practice rest-break |
1.034 |
< |
| 69 |
104 |
Employing workers for more than 7.5 hours at night, not changing day and night shifts |
1.034 |
< |
| 71 |
104 |
Violating children employment age and employment prohibition |
1.034 |
< |
| 72 |
104 |
Failure to comply with the prohibition of operating underground and under water |
1.034 |
< |
| 73 |
104 |
Working children and young workers at night or acting against the provisions of the relevant regulations |
1.034 |
< |
| 74 |
104 |
Employing a female worker in post/pre-natal periods or not giving unpaid leave |
1.034 |
< |
| 75 |
104 |
Not preparing employee personal rights file |
1.034 |
< |
| 76 |
104 |
Opposing regulations on working time |
1.034 |
< |
| 77 |
105/c |
Acting against the provisions of occupational health and safety |
1.145 |
< |
| 78 |
105/a |
Acting against the occupational health and safety regulations |
229 |
The same amount for each occupational health and safety measure that is not taken and for the measures that are not taken every month following |
| 78 |
105/c |
Opening a business without obtaining a business certificate or not getting a certificate for products that need to be certified |
1.145 |
< |
| 79 |
105/c |
To continue the work that has been stopped without permission, to open the closed workplace without permission |
1.145 |
< |
| 80 |
105/c |
To be in contradiction with the provisions on the establishment and operation of occupational health and safety boards |
1.145 |
< |
| 81 |
105/c |
Failure to fulfill obligations related to occupational health and safety services |
1.145 |
< |
| 85/1 |
105/d |
Employing unprofessional workers with no related education |
511 |
For each worker |
| 85/2 |
105/d |
Employing people under the age of 16 in heavy and dangerous work or employing workers against the age records shown in the regulation |
1.145 |
For each worker |
| 86 |
105/b |
Not to receive health reports for those working in heavy and dangerous jobs |
229 |
For each worker in this situation |
| 87 |
105/b |
Not getting medical reports for workers under 18 |
229 |
For each minor in this situation |
| 88 |
105/c |
Failure to comply with the regulation provisions on pregnant and lactating women |
1.145 |
< |
| 89 |
105/c |
Acting against the occupational health and safety regulations |
1.145 |
< |
| 90 |
106 |
Conducting intermediation to find jobs and workers without permission from İşkur |
– |
< |
| 92/2 |
107/1-a |
Not to come to the invitation during the inspection, not to give expressions and information, to show the necessary documents and evidences, not to show them all kinds of convenience in order to perform their duties written in paragraph 92/1 of the Labor Inspectors and not to fulfill their orders and requests in this way. |
9.157 |
< |
| 96/1 |
107/1-b |
Bad Behavior and/or threatening of employees whom are consulted for statements or professional knowledge by employers |
9.157 |
< |
|
Preventing Inspectors from performing inspection and auditing tasks |
9.157 |
< |
| 107/2 |
|
|
|
|
|
