You will find below some practical information regarding employment and litigation practices that will be applicable in 2022. Please note that the information mentioned is updated every year, in accordance with the legislation.
LABOUR AND SOCIAL SECURITY LAW
Minimum Living Allowance
MINIMUM LIVING ALLOWANCE |
The Minimum Living Allowance has been repealed as of 1 January 2022. |
Minimum Wage
Information on the minimum wage to be applied between 01.01.2022 and 31.12.2022:
GROSS AMOUNT OF DAILY AND MONTHLY MINIMUM WAGE |
|
Minimum Wage Daily Amount |
Minimum Wage Monthly Amount |
TRY 166.80 |
TRY 5,004 |
LEGAL DEDUCTIONS ON MINIMUM WAGE |
|
Gross Wage |
TRY 5,004 |
Employee Share of Insurance Premium (%14) |
TRY 700.56 |
Employee Contribution to Unemployment Insurance (%1) |
TRY 50.04 |
Income Tax and Stamp Duty |
TRY 0 |
Net Minimum Wage |
TRY 4,253.40 |
MINIMUM WAGE TOTAL COST FOR EMPLOYER |
|
Minimum Wage |
TRY 5,004 |
Employer Share of Insurance Premium (20.5%) |
TRY 1,025.82 |
Employer SSI Incentive (5%) |
TRY (-250.20) |
Employer Unemployment Insurance Fund (2%) |
TRY 100.08 |
Total Cost for Employer |
TRY 5,879.70 |
Severance Pay
The maximum gross wage amount to be used as basis for calculating severance pay has increased to TRY 10,596.74 per month, applicable from 01.01.2022 to 30.06.2022. This amount will be valid only for the first semester of 2022. The amount for the second semester will be determined at a later time.
Severance pay is paid to the employee less 0.759% stamp duty taken from the gross wage. No other deductions are made from severance pay.
Maximum and Minimum Insurance Premium Fees
Maximum and minimum insurance premium fees to be applied between 01.01.2022 and 31.12.2022:
MAXIMUM AND MINIMUM INSURANCE PREMIUM FEES |
|
Maximum Fee |
Minimum Fee |
TRY 37,530 |
TRY 5,004 |
Administrative/Monetary Fines For Unlawful Acts as per Labour Law No. 4857
UNLAWFUL ACT |
ADMINISTRATIVE FINE |
Violation of the obligation to notify the workplace |
TRY 47,409 (separately for the principal and sub-employer or their representatives who notify the workplace) |
Violation of the equal treatment principle for employees |
TRY 397 (per employee affected) |
Violation of temporary employment relationship obligations |
TRY 664 (per employee affected) |
Violation of article 7/2-f regarding temporary employment relationship |
TRY 2,656 |
Violation of the obligation to provide a written document regarding the content of the employment contract |
TRY 397 (per employee affected) |
Violation of the on-call and remote work provisions |
TRY 397 (per employee affected) |
Violation of the obligation to provide an Employment Certificate |
TRY 397 (per employee affected) |
Violation of the collective dismissal procedure |
TRY 1,559 (per employee affected) |
Violation of the obligation regarding employment of disabled and ex-convict employees |
TRY 5,917 (per unemployed disabled and ex-convict per month |
Intentionally failing to pay or partially paying the fee arising from this law, the collective bargaining agreement or employment agreement |
TRY 429 (per employee affected, per month) |
Violation of the obligation to pay fees, premiums, bonuses and all other benefits to a specially opened bank account |
TRY 429 (per employee affected, per month) |
Violation of the obligation to issue a pay slip |
TRY 1,559 |
Violation of the obligation to impose an illegal fee deduction or to not report the reason and of the deduction |
TRY 1,559 |
Violation of the obligation to pay the minimum fee, or underpaying the minimum fee |
TRY 429 (per employee affected, per month) |
Violation of the obligation to pay the fee for overtime work, to allow the employee to use the free time he/she deserves within six months, to get the consent of the employee for overtime work |
TRY 755 (per employee affected) |
Violation of the obligation to distribute the document about the percentage to the representative |
TRY 1,559 |
Violation of the obligation to divide annual paid leave days unlawfully |
TRY 755 (per employee affected) |
Violation of the obligation to pay the annual leave fee, or underpaying the annual leave fee |
TRY 755 (per employee affected) |
Violation of the obligation to pay the annual leave fee to the employee whose employment agreement has been terminated |
TRY 755 (per employee affected) |
Violation of the obligation to allow employees to use annual leave according to the essential procedures of the annual leave regulation |
TRY 755 (per employee affected) |
Violation of the obligation to comply with working hours and the provisions of the relevant regulation |
TRY 4,173 |
Violation of the obligation to comply with compensatory work procedures |
TRY 755 (per employee affected) |
Violation of the obligation to give a rest break to the employee |
TRY 4,173 |
Violation of the obligation to not work employees for more than 7.5 hours at night, and to change day and night shifts |
TRY 4,173 |
Violation of the prohibition of child employment |
TRY 4,173 |
Violation of the prohibition regarding underground and underwater employment |
TRY 4,173 |
Violation of the obligation to not employ children and young people at night |
TRY 4,173 |
Violation of the obligation to not work women during pre/postnatal periods, or to give unpaid leave |
TRY 4,173 |
Violation of the obligation to issue the personal file of employee |
TRY 4,173 |
Violation of regulations-related working hours |
TRY 4,173 |
Violation of the obligation to show the necessary documents and evidence, to provide everything Labour Inspectors need to perform their duties (paragraph 92/1), and to carry out their orders and requests without delay |
TRY 37,928 |
Violation of the obligation to not influence employees on their statements, to not force them to hide or change the truth, to not behave inappropriately towards them when they testify to the relevant authorities |
TRY 37,928 |
Violation of the obligation to not prevent investigation and inspection duties of Labour Inspectors |
TRY 37,928 |
Administrative Fines For Unlawful Act, According to the International Labour Force Law No. 6735
WRONGFUL ACT |
AMOUNT OF PENALTY |
To employ a foreigner without a work permit |
TRY 16,066 (per foreign employee) |
To work dependently without a work permit |
TRY 6,423 (per foreign employee) |
To work independently without a work permit |
TRY 12,854 (per foreign employee) |
To work independently and with indefinite work permit without fulfilling the notification obligation stipulated by law in due time, and to employ foreign employees under these conditions |
TRY 1,067 (per foreign employee and per employer)) |
MONETARY LIMITS FOR 2022 UNDER CIVIL PROCEDURE LAW, ADMINISTRATIVE PROCEDURE LAW, AND EXECUTION AND BANKRUPTCY LAW
Monetary Limit of Proving by Deed |
Monetary Limit for an appeal request before the Court of Appeal |
Monetary Limit for an appeal request before the Court of Cassation |
TRY 6,640 |
TRY 8,000 |
TRY 107,090 |
Monetary Limit for hearing requests before the Court of Cassation |
Monetary Limit for appeal requests before Court of Appeals (practised in Execution Courts) |
Monetary Limit for appeals requests before the Court of Cassation (practised in Execution Courts) |
TRY 160,660 |
TRY 18,710 |
TRY 107,090 |
Monetary Limit for appeals requests before Council of State (practised in administrative jurisdiction) |
Monetary Limit for appeals requests before Court of Appeal (practiced in administrative jurisdiction) |
Monetary Limit for hearing requests before the Council of State |
TRY 261,000 |
TRY 9,000 |
TRY 77,000 |
INCOME TAX CALCULATIONS
Income brackets used to calculate income tax rates have been reviewed for 2022 as follows. Please note that the rates up to 5 percent have been deleted:
INCOME TAX RATES |
|||
Income Scales (Fee Income) |
Tax Rates |
Income Scales (Non-Fee Income)
|
Tax Rates |
Up to TRY 32,000 |
15% |
Up to TRY 32,000 |
15% |
TRY 32,000 - TRY 70,000 |
20% |
TRY 32,000 - TRY 70,000 |
20% |
TRY 70,000 - TRY 250,000 |
27% |
TRY 70,000 - TRY 170,000 |
27% |
TRY 250,000 of TRY 880,000 |
35% |
TRY 170,000 - TRY 880,000 |
35% |
TRY 880,000 and over |
40% |
TRY 880,000 and over |
40% |
INTEREST RATE DEVELOPMENTS
According to a declaration from the Central Bank of the Republic of Turkey, for 2022 the base per-annum rate of default interest applicable for late payment in the supply of goods and services, as set out in Article 1530 section 7 of the Turkish Commercial Law, has not been changed and remains stable at 17.25%. This default interest rate applies where commercial contracts do not set a different rate of default interest, or where relevant provisions have become invalid.
REVALUATION RATE DEVELOPMENTS
The revaluation rate for 2022 has been set at 36.2% in accordance with paragraph (b) of the repeated article 298 of the Tax Procedure Law No. 213. This means that all the administrative fines stated in the respective Laws (including Labour Law No. 4857 and Consumer Protection Law No. 6502) have been updated with the above rate.
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In compliance with Turkish bar regulations, opinions relating to Turkish law matters that are included in this client alert have been issued by Özdirekcan Dündar Şenocak Ak Avukatlık Ortaklığı, a Turkish law firm acting as correspondent firm of Gide Loyrette Nouel in Turkey.