For workplaces that do not fulfill the obligation to employ disabled persons, as regulated in Article 30 of the Labor Law No. 4857, there is a penal sanction in Article 101 of the same law.

 

This sanction is applied regardless of public or private sector, for every worker who should be employed but is not, and for each month in which they are not employed.

 

For example: This penal sanction applies to each disabled person not employed by companies in 2021, and for each month in which he / she is not employed, there is an obligation to pay 3.985 TL.

 

The amounts calculated for each non-employed month and each disabled worker can be considered retrospectively for 3 years, and the amounts calculated for each disabled employee may be in question.

 

For example: if an employer has not employed 5 disabled persons for 18 months although under the obligation to do so, he/she will be subject to an administrative fine of 18 x 5 x 3.985 TL = 358.650 TL.

In the article 30 of the Law No. 4857, an employer incentive for insurance premium related to the employment of disabled persons was introduced.

 

According to this article;

 

Only insured persons with disabilities who are employed by private sector employers can benefit from the insurance premium employer’s share incentive.

 

In the past years, insured disabled persons, which companies employ without an obligation, benefited 50% from employer share incentive for insurance premium. After the regulation made in the Law No. 6518;

Whether the employer hires the insured disabled person mandatorily or not, the employer’s share of the disabled insured is fully covered by the State Treasury.

The qualifications of the workers to be employed under the scope of “disabled persons” and the jobs they can do are regulated by the Ministry of Labor and Social Security.

 

Disabled persons can only be employed in jobs suitable for specific disabilities, in workplaces adapted to facilitate working conditions. They should not be employed in service areas that may cause difficulties for their disability.

 

Disabled persons cannot be employed in drudges and dangerous jobs. The personnel working in these jobs should have an appropriate medical report. In addition, it is forbidden to employ disabled workers in underground and underwater jobs. These workplaces do not count the workers they employ in underground and underwater jobs when calculating the number of disabled persons they are obliged to employ.

Employing disabled personnel has become an imperative not only for public workplaces but also for the private sector with Article 30 of the Labor Law No. 4857. It is also stated that there is a penal sanction for workplaces that do not fulfill this obligation. In this case, if employers exceed the allowed number of workers determined by law for their workplaces, this excess has to be covered by disabled persons.

 

In the private sector, employers employing 50 or more workers within city boundaries are obliged to employ disabled persons covering up to 3% of their workforce. For the fractional figures, this number is rounded up or down as appropriate. Employees with disabilities are not included in the total number of workers.

 

The number of disabled persons who have to be employed is calculated by counting the total number of employees of the same employer’s different workplaces in one city. For workplaces located in different cities, the calculation will be made based on the number of workers working in the city in question. The total number of workers that we take as a basis for calculating the ratio of disabled persons should include all employees (regardless of whether the job is part time or full time) working under that employer within the provincial borders.

 

If there is someone who later becomes a disabled person among the employers’ current workers, they can be included in the number of disabled personnel.

 

People who receive pensions from Social Security can also be hired under the status of “disabled person”. The retired disabled should be registered with İŞKUR. SGK statement will be made not with normal status, but with the status of social security support premium.

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