19 janvier 2023
Here is some practical information regarding the employment and litigation practice that will be applicable in 2023. Please note that the information mentioned is updated every year, in accordance with the legislation.
Information on the minimum wage to be applied between 01.01.2023 and 31.12.2023.
GROSS AMOUNT OF DAILY AND MONTHLY MINIMUM WAGE |
|
Minimum Wage Daily Amount |
Minimum Wage Monthly Amount |
TRY 333.60 |
TRY 10,008 |
LEGAL DEDUCTIONS FROM THE MINIMUM WAGE |
|
Gross Wage |
TRY 10,008 |
Employee Share of Insurance Premium (%14) |
TRY 1,401.12 |
Employee Contribution to Unemployment Insurance (%1) |
TRY 100.08 |
Income Tax and Stamp Duty |
TRY 0 |
Net Minimum Wage |
TRY 8,506.80 |
MINIMUM WAGE TOTAL COST FOR EMPLOYER |
|
Minimum Wage |
TRY 10,008 |
Employer Share of Insurance Premium (20.5%) |
TRY 2,051.64 |
Employer SSI Incentive (5%) |
TRY (-500.40) |
Employer Unemployment Insurance Fund (2%) |
TRY 200.16 |
Total Cost for Employer |
TRY 11,759.40 |
The maximum gross wage amount to be used as the basis for calculating severance pay has increased to TRY 19,982.83 per month, applicable from 01.01.2023 to 30.06.2023. This amount will be valid only for the first half of 2023. The amount for the second half of the year 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 to be applied between 01.01.2023 and 31.12.2023:
MAXIMUM AND MINIMUM INSURANCE PREMIUM FEES |
|
Maximum Fee |
Minimum Fee |
TRY 75,060 |
TRY 10,008 |
UNLAWFUL ACT |
ADMINISTRATIVE FINE |
Violation of the obligation to notify the workplace |
TRY 105,689 (separately for the principal and sub-employer or their representatives whose duty it is to notify the workplace) |
Violation of the equal treatment principle for employees |
TRY 885 (per employee affected) |
Violation of temporary employment relationship obligations |
TRY 1,480 (per employee affected) |
Violation of Article 7/2-f regarding temporary employment relationship |
TRY 5,921 |
Violation of the obligation to provide a written document regarding the content of the employment contract |
TRY 885 (per employee affected) |
Violation of the on-call and remote work provisions |
TRY 885 (per employee affected) |
Violation of the obligation to provide an Employment Certificate |
TRY 885 (per employee affected) |
Violation of the collective dismissal procedure |
TRY 3,475 (per employee affected) |
Violation of the obligation to employ disabled employees and ex-offenders |
TRY 13,598 (per disabled and ex-offender not employed as required per month) |
Intentionally failing to pay, or partially paying the salary arising from this law, a collective bargaining agreement or an employment agreement |
TRY 956 (per employee affected, per month) |
Violation of the obligation to pay remuneration, premiums, bonuses and all other benefits to a specially opened bank account |
TRY 956 (per employee affected, per month) |
Violation of the obligation to issue a pay slip |
TRY 3,475 |
Violation of the obligation to impose an illegal salarydeduction or failing to report the reason and calculation of the deduction |
TRY 3,475 |
Violation of the obligation to pay the minimumwage, or paying less than the minimum wage |
TRY 956 (per employee affected, per month) |
Violation of the obligation to pay remuneration for overtime work, or to allow the employee to use the free time accrued within six months, or to obtain the consent of the employee to perform overtime work |
TRY 1,683 (per employee affected) |
Violation of the obligation to distribute the document about the percentage to the representative |
TRY 3,475 |
Violation of the obligation to divide annual paid leave days by employer unlawfully |
TRY 1,683 (per employee affected) |
Violation of the obligation to pay or underpaying the vacation leave accrual |
TRY 1,683 (per employee affected) |
Violation of the obligation to pay the equivalent of unused annual leave to an employee whose employment agreement has been terminated |
TRY 1,683 (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 1,683 (per employee affected) |
Violation of the obligation to comply with working hours and the provisions of the relevant regulation |
TRY 9,303 |
Violation of the obligation to comply with compensatory work procedures |
TRY 1,683 (per employee affected) |
Violation of the obligation to give a rest break to the employee |
TRY 9,303 |
Violation of the obligation to not work employees for more than 7.5 hours at night, and to change day and night shifts |
TRY 9,303 |
Violation of the prohibition on child employment |
TRY 9,303 |
Violation of the prohibition on working underground and underwater |
TRY 9,303 |
Violation of the obligation to not employ children and young people at night |
TRY 9,303 |
Violation of the obligation not to make women work during pre/postnatal periods ornot to give unpaid leave |
TRY 9,303 |
Violation of the obligation to create a personal file for each employee |
TRY 9,303 |
Violation of regulations related to working hours |
TRY 9,303 |
Violation of the obligation to show the necessary documents and evidence upon demand and to provide everything Labour Inspectors need to perform their duties (paragraph 92/1), and to carry out their orders and requests without delay |
TRY 84,553 |
Violation of the obligation to not influence employees on their statements, to not force them to hide or change the truth, not to behave inappropriately towards them when they testify to the relevant authorities |
TRY 84,553 |
Violation of the obligation not to prevent investigation and inspection duties of Labour Inspectors |
TRY 84,553 |
WRONGFUL ACT |
AMOUNT OF PENALTY |
To employ a foreigner without a work permit |
TRY 35,815 (per foreign employee) |
Foreigner working dependently without a work permit |
TRY 14,318 (per foreign employee) |
Foreigner working independently without a work permit |
TRY 28,655 (per foreign employee) |
To work independently and with an indefinite work permit without performing the notification obligation stipulated by law in due time, and to employ foreign employees under these conditions |
TRY 2,378 (per foreign employee and per employer) |
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 14,800 |
TRY 17,830 |
TRY 238,730 |
Monetary Limit for hearing requests before the Court of Cassation |
Monetary Limit for appeal requests before a Court of Appeals (practised in Execution Courts) |
Monetary Limit for appeals requests before the Court of Cassation (practised in Execution Courts) |
TRY 358,150 |
TRY 41,710 |
TRY 238,730 |
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 581,840 |
TRY 20,060 |
TRY 171,650 |
Income brackets used to calculate income tax rates have been reviewed for 2023 as follows. Please note that the rates up to 5 per cent have been deleted.
INCOME TAX RATES |
|||
Income Scales (Employment Income) |
Tax Rates |
Income Scales (Non-Employment Income)
|
Tax Rates |
Up to TRY 70,000 |
15% |
Up to TRY 70,000 |
15% |
TRY 70,000 - TRY 150,000 |
20% |
TRY 70,000 - TRY 150,000 |
20% |
TRY 150,000 - TRY 550,000 |
27% |
TRY 150,000 - TRY 370,000 |
27% |
TRY 550,000 of TRY 1,900,000 |
35% |
TRY 370,000 - TRY 1,900,000 |
35% |
TRY 1,900,000 and over |
40% |
TRY 1,900,000 and over |
40% |
The Central Bank of the Republic of Turkey has determined the discount interest rate to be applied in rediscount transactions as 9.75% per annum. The interest rate to be applied in advance transactions is 10.75% per annum for 2023, with an effective of 31.12.2022.
The revaulation rate for 2023 has been set at 122.93% in accordance with paragraph(b) of the duplicated Article 298 bis of the Tax Procedure Law No 213. This means that all administrative fines stated in the respective Laws (including Labour Law No 4857 and Consumer Protection Law No 6502) have been updated at the above rate.