Checklist for Compliant Hiring Practices in Turkey

Checklist for Compliant Hiring Practices in Turkey

Ensure Smooth Hiring with Legal Compliance in Turkey

No.AspectActions to Take
1Background 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.
2Medical 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.
3Drug 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.
4Hiring of Employees- Comply with constitutional principles and legal obligations. - Provide written contracts for full-time employment within two months.
5Essential Terms in Written Contracts- Include general and special terms in written contracts. - Specify work details, salary, benefits, payment terms, contract duration, and termination provisions.
6Fixed-Term Contracts- Use fixed-term contracts only under justifiable conditions. - Avoid successive renewals to prevent classification as an indefinite-term contract.
7Probationary Period- Limit probation to a maximum of two months, extendable per collective bargaining agreement.
8Contractor vs. Employee- Distinguish based on factors like instructions, supervision, workplace, materials provision, organizational structure, payment, compliance, information obligation, and the right to refuse work.