Rights of female employees and corresponding obligations of employers under the applicable employment legislation

In recognition of 8 March International Women’s Day, we are pleased to share our publication, prepared with the aim of highlighting the importance of strengthening women’s rights in working life and raising awareness in this area, which examines the rights granted to female employees under Turkish employment legislation as well as the corresponding obligations imposed on employers.

Principle of Equal Treatment and Prohibition of Discrimination. Pursuant to Labour Law No. 4857, the principle of equal treatment is one of the fundamental obligations of the employer. Under this principle, no differential treatment shall be applied among employees for any reason, including gender or pregnancy, and equal pay shall be provided for work of equal value. In the event of a breach of this principle, the employee may claim discrimination compensation in an amount of up to four months’ wages and may request that the rights of which they were deprived be provided to them.

Employer’s Duty of Care and Protection. Pursuant to the Turkish Code of Obligations No. 6098 and the Occupational Health and Safety Law No. 6331, the employer is obligated to protect the personal rights of employees and to ensure a healthy and safe working environment. This obligation extends not only to the provision of physical safety but also to the prevention of all forms of conduct that may undermine the dignity and reputation of employees. Within this framework, the employer is particularly obligated to take the necessary measures for the prevention of all forms of harassment and mistreatment, including sexual harassment and psychological harassment (mobbing).

Maternity Leave. Pursuant to Article 74 of Labour Law No. 4857, women are granted a total leave entitlement of sixteen weeks within the scope of maternity leave, consisting of eight weeks before delivery and eight weeks after delivery. In the event of premature delivery, the unused prenatal leave days are transferred to the postnatal leave. Similarly, if a female employee who is medically fit continues to work up until the last three weeks before delivery, the period she spent working is also added to her postnatal leave. In multiple pregnancies, an additional two weeks are added to the prenatal leave period. In the event of the mother’s death during or after delivery, the unused postnatal leave period is transferred to the father. Employees who adopt a child under the age of three are also entitled to benefit from eight weeks of maternity leave.

Right to Unpaid Leave After Maternity Leave. Pursuant to Article 74 of Labour Law No. 4857 and the Regulation on Maternity Leave or Part-Time Work Following Unpaid Leave, upon the completion of maternity leave, the employee is entitled to unpaid leave. Within this framework, the unpaid leave period, granted at a rate equivalent to half of the weekly working hours, is 60, 120, or 180 days based on the number of children born. An additional 30 days are added to these periods in the event of multiple births, and in the case of births involving disability, the total period is extended to 360 days. Furthermore, upon the employee’s request, unpaid leave of up to six months may also be utilized.

Employment Safeguards During Pregnancy. Pursuant to Article 74 of Labour Law No. 4857 and the Regulation on Working Conditions of Pregnant or Breastfeeding Women and on Nursing Rooms and Daycare Facilities, female employees are entitled to paid time off for routine medical check-ups during the period of pregnancy. Where a physician’s report indicates that it is necessary, the employee shall be reassigned to lighter duties, and no reduction shall be applied to her wages on account of such reassignment.

Protection Against Termination on Grounds of Maternity and Right to Reinstatement. Pursuant to Articles 18, 20, and 21 of Labour Law No. 4857, with respect to female employees falling within the scope of job security provisions, the termination of the employment contract on the grounds of pregnancy, childbirth, or maternity leave shall not constitute a valid reason for termination. In the event of such termination, the employee may file a reinstatement lawsuit, and where the court rules the termination to be invalid and the employer fails to reinstate the employee, the employer may be held liable for non-reinstatement compensation, wages pertaining to the idle-time period, and other monetary entitlements.

Calculation of Annual Leave During Maternity Leave. Pursuant to Article 55 of Labour Law No. 4857, the days during which the employee does not work due to maternity leave shall be treated as days worked for the purposes of calculating annual paid leave entitlement and shall not be deducted from the accrual period.

Overtime Work. Pursuant to Article 74 of Labour Law No. 4857 and the Regulation on Working Conditions of Pregnant or Breastfeeding Women and on Nursing Rooms and Daycare Facilities, the daily working time of a pregnant employee, an employee who has recently given birth, or a breastfeeding employee shall not exceed seven and a half hours; and overtime work cannot be required of such employees during this period.

Night Work Protections. Pursuant to Article 73 of Labour Law No. 4857 and the Regulation on the Conditions for the Employment of Female Employees in Night Shifts, with respect to night shifts, the working time of female employees is limited to seven and a half hours. The employer is obligated to obtain a health report prior to the commencement of a female employee’s work on the night shift and to ensure that periodic health examinations are conducted regularly throughout the duration of employment. Women may not be assigned to night shifts from the confirmation of pregnancy until childbirth and for one year following childbirth. For women who are breastfeeding, this period may be extended by an additional six months upon the issuance of a report by the workplace doctor.

Breastfeeding Leave. Pursuant to Article 74 of Labour Law No. 4857, within the scope of the right to breastfeed, a female employee who is breastfeeding a child under the age of one is entitled to a total of one and a half hours of breastfeeding leave per day. The employee determines the hours during which this leave will be used and whether it will be taken in one or more intervals. In practice, it is also possible to allow the breastfeeding leave to be used collectively upon the employee’s request. In both cases, this period is deemed to be part of the daily working time.

Transition to Part-Time Work. Pursuant to Article 13 of Labour Law No. 4857 and the Regulation on Maternity Leave or Part-Time Work Following Unpaid Leave, following the expiration of maternity leave or the relevant unpaid leave periods, the employee may request a transition to part-time work for the period until the date on which the child reaches the age of commencing primary school. Such request must be notified to the employer in writing at least one month in advance. Under the relevant legislation, a part-time work request constitutes, in principle, an entitlement that the employer is required to comply with. Although the legislation provides that part-time work may not be applicable with respect to certain exceptional jobs and positions, such exceptions are of a limited nature. The employer is obligated to respond to the duly notified request in writing within one month at the latest. In the event that no response is provided within this period, the request shall become effective as of the date specified by the employee. The transition to part-time work shall not constitute valid grounds for the termination of the employment contract. Wages and divisible monetary entitlements shall be calculated and paid proportionally to the time worked.

Right to Severance Pay in the Event of Marriage. Pursuant to Article 14 of the previous Labour Law No. 1475, which remains in force, a female employee who voluntarily terminates her employment contract within one year from the date of marriage is entitled to severance pay.

Obligation to Establish a Nursing Room and Daycare Facility. Pursuant to the Regulation on Working Conditions of Pregnant or Breastfeeding Women and on Nursing Rooms and Daycare Facilities, based on the thresholds determined according to the number of female employees, workplaces employing at least 100, but fewer than 150 female employees are required to establish a nursing room. Workplaces employing 150 or more female employees are required to establish a daycare facility for children aged between zero and six. If the distance of the daycare facility from the workplace exceeds 250 metres, the employer is also obligated to provide suitable transportation.

Other. Pursuant to Article 72 of Labour Law No. 4857, female employees cannot be employed in work carried out underground and underwater, regardless of their age.

The regulations summarised above aim to ensure the effective and sustainable protection of female employees in working life, while imposing clear and binding obligations on employers. Non-compliance with these provisions may give rise to compensation liability for the employer as well as administrative monetary fines. In this regard, pursuant to the relevant legislation, in particular Labour Law No. 4857 and the Occupational Health and Safety Law No. 6331, employers may be subject to separate administrative monetary fines for each violation and for each employee, and in the event that the violation persists, the amounts of the monetary fines shall be increased accordingly. The said fine amounts are updated annually in accordance with the revaluation rate. Furthermore, failure to comply with these obligations may, depending on the circumstances of the specific case, constitute a just cause for termination by the employee, in which case the employee may become entitled to severance pay.