Checklist for Compliant Hiring Practices in Turkey
Ensure Smooth Hiring with Legal Compliance in Turkey
No. | Aspect | Actions to Take |
1 | Background Checks | - Verify compliance with Protection of Personal Data Law No. 6698. - Ensure adherence to legal obligations for checks by the employer or third parties. - Confirm lawful processing of personal data. |
2 | Medical Examinations | - Understand the obligation to request a medical examination report. - Ensure relevant medical examinations for workplace risks. - Recognize the right to refuse hiring based on examination refusal. |
3 | Drug and Alcohol Testing | - Be aware of constitutional rights on corporeal integrity. - Administer testing only when necessary and with reasonable suspicion. - Obtain consent for testing, adhering to data protection provisions. |
4 | Hiring of Employees | - Comply with constitutional principles and legal obligations. - Provide written contracts for full-time employment within two months. |
5 | Essential Terms in Written Contracts | - Include general and special terms in written contracts. - Specify work details, salary, benefits, payment terms, contract duration, and termination provisions. |
6 | Fixed-Term Contracts | - Use fixed-term contracts only under justifiable conditions. - Avoid successive renewals to prevent classification as an indefinite-term contract. |
7 | Probationary Period | - Limit probation to a maximum of two months, extendable per collective bargaining agreement. |
8 | Contractor vs. Employee | - Distinguish based on factors like instructions, supervision, workplace, materials provision, organizational structure, payment, compliance, information obligation, and the right to refuse work. |