For women working in Turkey, understanding the legal protections surrounding employment and pregnancy is essential. The Turkish Labor Law provides specific provisions to protect expectant and new mothers from unfair dismissal, which we refer to as “hamile işten çıkarma” or pregnancy dismissal in Turkish. This blog post aims to demystify the rights of pregnant employees in Turkey, offering guidance on how to navigate the legal landscape should they face challenges related to their employment during this crucial time.
The Legal Framework Protecting Pregnant Women in the Workplace
In Turkey, the principal legislation governing labor rights is the Labor Law No. 4857. This law expressly prohibits the termination of an employment contract due to pregnancy or maternity leave. Employers must provide pregnant women with the opportunity to work without discrimination and cannot dismiss them based on their condition – both during the pregnancy and for a period following childbirth. However, understanding the details of these protections and the timeframe involved is critical to ensuring that the rights of the employee are fully upheld.
Job Security During Pregnancy and Maternity Leave
Expectant women have the right to take unpaid leave for pregnancy check-ups and are entitled to 16 weeks of paid maternity leave – 8 weeks before and 8 weeks after childbirth. In cases of multiple or premature births, this period may be extended. Importantly, from the moment pregnancy is announced to the employer, up until the end of the postnatal leave, termination of the employment contract by the employer is strictly illegal, except for instances of gross misconduct which are specified in the law as valid reasons for termination. Pregnant employees dismissed during this protected period can claim re-employment within 10 working days. Should the employer refuse, they are liable to pay compensation as stipulated by Turkish labor legislation.
Related: Maternity Leave Entitlement In Turkey
Steps to Take If Facing Pregnancy Dismissal
When faced with an unlawful pregnancy dismissal (“hamile işten çıkarma“), it’s important to act promptly. The affected employee should first seek to understand the reasons provided for the dismissal. If the dismissal is due to pregnancy, the employee may file a claim for reinstatement. Documentation of pregnancy and communication related to dismissal are crucial pieces of evidence in such a legal process. Employees may wish to consult an attorney with expertise in Turkish Employment Law to navigate this process effectively and safeguard their rights.
Additional Protections and Considerations
Apart from the prohibitions on dismissal, the law also mandates certain accommodations for pregnant and breastfeeding employees, such as reduced working hours without a reduction in pay, and time off for breastfeeding. Pregnant women cannot be forced to work night shifts or overtime during and after pregnancy for a certain period. Understanding all aspects of these regulations helps ensure that employers respect the full scope of legal rights afforded to pregnant employees.
The Turkish legal landscape provides comprehensive protections for expectant and new mothers in the workplace. Being aware of these rights and the procedures to follow in the event of “hamile işten çıkarma” can empower women to stand up for their legal entitlements. We encourage all pregnant employees and employers in Turkey to familiarize themselves with these important legal standards to promote a fair and lawful working environment for all.
