Workers' Rights in Labour Law: What Has Changed in the New Era?

 Importance of Workers' Rights in Labor Law

Labor law is a branch of law that regulates the relations between employees and employers. It is of great importance in terms of protecting the rights of the worker, ensuring labor peace and creating fair working conditions.

• Workers' rightsprotects the fundamental rights and freedoms of workers.
• Justice and equality In line with its principles, it provides workers with a safe and healthy working environment.
• Work Safety and health It helps to prevent occupational accidents and occupational diseases by making regulations on occupational accidents and occupational diseases.

These regulations increase the responsibilities of employers towards their employees and ensure balance in working life.

Fundamental Changes in Workers' Rights in the New Era

There are important changes in workers' rights in the new era. These changes aim to better protect workers' working conditions and general rights. Here are some of the main changes:

1. Working Hours: Working hours have been made more flexible. Workers can, under certain conditions, choose more flexible working hours.
2. Wage Regulations: Minimum wage rates were revised and aimed at improving workers' living standards.
3. Trade Union Rights: Workers are given more freedom to join trade unions and participate in trade union activities.
4. Dismissal Procedures: More detailed and pro-employee regulations have been made for dismissal procedures.

These changes have contributed significantly to the development of workers' rights.

Innovations on Working Hours and Rest Periods

The innovations on working hours and rest periods within the framework of labor law include changes regulating the rights of workers and the obligations of employers. Some important changes in this context are as follows:

• Working hours per week: 45 hours, making it compulsory to pay overtime wages to workers who work more than this.
• Daily working time: It is limited to a maximum of 11 hours without interruption.
• Rest periods: The number of rest periods during the daily working day has been increased.
  • 15 minutes for up to 4 hours of work.
  • 30 minutes for work between 4-7.5 hours.
  • For work over 7.5 hours, 1 hour of rest is mandatory.
• Night work: Workers are provided with at least 11 hours of rest during night work.
• Flexible working models: Flexible working hours and telecommuting arrangements have been reorganized on the basis of an agreement between the employer and the employee.

These innovations aim to provide workers with a more balanced working life at work and to improve occupational health and safety.

Changes on Overtime Work and Remuneration

The amendments made to the labor law in the new period have also brought important innovations in overtime work and remuneration.

• Overtime work done without exceeding the weekly working time will now be more strictly controlled.
• The obligation to obtain consent for overtime work has been expanded. Employers must obtain the consent of workers in writing.
• New coefficients have been determined for the calculation of overtime wages.
  • Overtime pay, which was previously 50%, has been revised to 75%.
  • It is mandatory to pay 100% increased wages for work performed on public holidays and festive days.
• Overtime working hours are limited on an annual basis. A worker can work a maximum of 270 hours of overtime per year.
• Overtime work cannot be made without the consent of the worker. Employers are obliged to renew the consent form at this point.

Updates to Labor Contracts

Recent updates to employment contracts aim to increase workers' rights. With the new regulations:

• Flexible Working Hours: More flexible working hours have been introduced to enable workers to maintain a work-life balance.
• Remote Working: Remote working procedures and the responsibilities of the employer are clearly defined.
• Mobbing and Harassment: Stricter measures have been introduced against mobbing and harassment in the workplace.
• Equal Remuneration: The principle of equal pay for equal work, regardless of gender, has been adopted.

These updates were made to improve workers' working conditions and ensure that their rights are protected.

New Regulations on Occupational Health and Safety

The new legal regulations have brought significant changes in occupational health and safety issues. These regulations include the following:

• Risk Assessment: Employers must carry out comprehensive assessments to identify risks in the workplace.
• Education: Workers must receive up-to-date training on health and safety.
• Protective Equipment: Employers should provide workers with appropriate personal protective equipment.
• Occupational Physician and Safety Specialist: Large workplaces are required to have an occupational physician and a safety expert.
• Emergency Plans: It is important that workplaces make plans against emergencies and inform their employees.
• Inspections: Workplaces will be monitored for compliance with these rules through regular inspections and controls.

Rights of the Worker and Obligations of the Employer

Among the rights established for workers are the following:

• Minimum Wage: Workers should not be paid less than the minimum wage.
• Permission Rights: There are various leave rights such as annual leave, sick leave and maternity leave.
• Working Hours: Daily and weekly working hours are limited by law.

The obligations of employers are as follows:

1. Do Not Pay Fees must be paid in full and on time.
2. Occupational Safety: Measures must be taken to protect the safety and health of workers.
3. Social Security Workers' insurance premiums must be paid regularly.

Amendments on Trade Union Membership and Collective Labor Agreements

Recent legislative changes have simplified the process of union membership for workers. It is now easier for workers to participate in union activities. The new regulations provide the following advantages:

• Membership via E-Government: Workers can easily become members of trade unions through e-Government.
• Employer Intervention: Employer interference in union activities is more tightly controlled.
• Collective Labor Agreement Authorizations:
  • The duration of collective labor agreements has been extended up to three years.
  • The powers of the union representative at the workplace have been increased.
• Right to Compensation: Workers dismissed for union activities are entitled to high compensation.

These amendments strengthened workers' rights to union membership and collective bargaining.

Employee Rights against Mobbing and Harassment

Within the scope of labor law, the rights of workers against mobbing and harassment are as follows:

• Right to Complaint: The worker has the right to complain to the employer about mobbing or harassment.
• Compensation Claim: The worker may claim pecuniary and non-pecuniary compensation for the damage suffered.
• Termination of Employment Contract: An employee who is subjected to mobbing or harassment may terminate the employment contract for just cause.
• Prohibition of Discrimination: The employer cannot discriminate against the employee who complains of mobbing and harassment.
• Protection and Support: The employer is obliged to protect the employee who is subjected to mobbing or harassment and to provide psychological support.
• Right to Sue: The worker can take legal action and file a lawsuit due to mobbing and harassment.

Updated Laws on Dismissal and Compensation

Updates on dismissal and compensation are as follows:

1. Notice Periods:
   • Notice periods have been rearranged according to the length of employment.
   • 2 weeks for those working less than six months.
   • 4 weeks for those working from six months to one and a half years.
   • 6 weeks for those working from one and a half to three years.
   • 8 weeks for those working more than three years.
2. Severance Pay:
   • Vesting periods for severance pay have been clarified.
   • For each full year, severance pay will be calculated based on 30 days' pay.
3. Unemployment Insurance:
   • Application and payment processes for unemployment insurance have been simplified.
   • The duration of unemployment benefit has been extended.

Workers' Claims in Courts and Innovations

The process of claiming rights of workers within the framework of labor law has been updated with various innovations in recent years.

• The worker should first apply to the labor courts against unfair practices of the employer.
• During the litigation process, the worker must submit the necessary documents and evidence to the court.
• The court assesses the facts and makes a decision and checks compliance with workers' rights.
• The mediation system also comes into play as an alternative solution.
  • As of January 1, 2018, mediation in labor disputes became mandatory.
• During the legal process, workers can get legal support by hiring a lawyer.

These innovations are intended to enable workers to protect their rights more effectively.

Importance of Changes in Workers' Rights in the New Era

The consequences of the changes in labor rights in the new era have a number of important implications for employers and employees. The significance of these changes should be analyzed under the following headings:

• Job Security: Protecting the rights of employees such as reinstatement and severance pay.
• Working Conditions: Increasing flexible working hours and remote working arrangements.
• Health and Safety: Tightening health and safety measures at work.
• Education and Development: Employee access to continuous training and skills development opportunities.

These changes aim to more clearly define the rights and responsibilities of employees and to ensure fairness in the work environment.