The Legal 500

The new Turkish Code of Obligations (Law No. 6098) (published in the Official Gazette dated 4 February 2011 and numbered 27836) became effective on 1 July 2012. The new Turkish Code of Obligations sets out provisions on employment relationship that are in parallel to the Turkish Labour Code numbered 4857 and further stipulates release of employer by the employee.

A new law regarding health and safety in the workplace entered into force on June 30. According to the Law regarding Occupational Health and Safety (Law no: 6331 and published in the Official Gazette dated June 30, 2012 and numbered 28339), health and safety in the workplace has been extended and more details have been added in comparison to the present provisions of the Labour Code numbered 4857 and consequently, several provisions of the Labour Code have been repealed.

Focus items in this edition: Transplantation Services, Intensive Care Units and Employment of Foreign Healthcare Professionals

Focus item for this edition: Employment of Foreign Health Professionals

Bulgaria
Maria Karacholova and Vesela Kabatliyska
Dinova Rusev & Partners Law Office

SCOPE OF EMPLOYMENT REGULATION
1. Do the main laws that regulate the employment relationship
apply to:

•  Foreign nationals working in your jurisdiction?

•  Nationals of your jurisdiction working abroad?

Scope of Employment Regulation

1. Do the main Laws that regulate the employment relationship apply to:

* Foreign Nationals working in your Jurisdiction?
* Nationals of your Jurisdiction working abroad?

Employment Contract Types & Terms and Conditions Permitted by Law

By Lina Simonyte
ADMD Law Office, Istanbul TURKEY

(1) Occupational Health and Safety (2) Occupational Safety Specialists (3) Amendment to the Entities Suspending Regulation

Termination of employees, employee reinstatement claims and procedure under Turkish Labor Law will be summarized in this brief information note.

European Union Directive No.104 is accepted and enforced by European Union Council in 23.11.1993 furnished a flexibility to work hours and this flexibility is supported with the codes accordingly. Turkey which is in the process of entering to European Union has made some important changes and accommodated to innovations in Labor Law in order to adapt EU’s standards and updates. During Turkey’s adaptation process, overtime which is a fundamental part of Labor Law has also been subject to mentioned changes and innovations. The provisions regarding overtime and overtime wage of Turkish Labor Code No.4857 which is arranged in compliance with European Union Directive No.93/104, dated May 22, 2003, and published at the Official Gazette June 10, 2003 will be examined below

As Turkey maintains economic stability and growth for almost five years, the confidence of the foreign investors raised and new direct investments are executed more often. In this context employee related issues are of consideration to foreign investors and significance of the Turkish Labor Code (‘TLC’) elevate accordingly. Therefore we would like to briefly inform foreign investors regarding the precautions that shall be thought over while hiring and firing employees in Turkey.