Article 17 of the Occupational Health and Safety Law No. 6331 stipulates that those who do not document that they have received vocational training related to the work in Turkey to be performed cannot be employed in dangerous and very dangerous class jobs where vocational training is obligatory, and Article 30 stipulates the issuance of a regulation on this subject, and the said regulation was published in the Official Gazette dated 13.07.2013 and numbered 28706 as the Regulation on Vocational Training of Those to be Employed in Dangerous and Very Dangerous Classes.
According to Article 4 of the Regulation, vocational training refers to the training that develops the necessary knowledge, skills, attitudes and values in order to prepare individuals for the profession through formal or non-formal education, to ensure the development of those who have a profession in their profession and their adaptation to new professions, and to ensure that the development process of individuals’ physical, social, cultural and economic abilities is carried out in a plan and according to Article 5, it is obligatory to subject those who will work in Turkey in the jobs in the table in the annex numbered 1 of the regulation to vocational training before they are recruited. However, if the work performed in the workplace is within the scope of dangerous and very dangerous work in terms of the main work, but the work performed by the employee is not included in the work specified in the schedule numbered 1, the obligation to receive vocational training within the scope of Article 17 of the occupational health and safety law numbered 6331, without prejudice to the provisions of the Vocational Education Law No. 3308, will not be required.
According to Article 6 of the Regulation, workers to be employed in heavy and dangerous work in Turkey must have one of the following documents:
a. One of the diploma, graduation certificate, authorisation certificate, certificate, certificate, independent workplace opening certificate, journeyman, mastership and master instructor certificates issued according to the Law No. 3308,
b. According to the Regulation on Active Labour Force Services published in the Official Gazette dated 12.03.2013 and numbered 28585, documents obtained as a result of vocational training courses or on-the-job training programmes, provided that they are of equal duration with vocational training modules/courses,
c. Operator’s certificate or driving licence issued by the Ministry of National Education or institutions authorised by the Ministry of National Education,
ç. 11.07.2022 dated 24812 published in the Official Gazette dated 2022 and numbered 24812, the igniter qualification certificate obtained within the scope of the regulation on the determination of the principles and procedures for the issuance of the explosive material igniter qualification certificate,
d. Documents issued as a result of training activities organised by public institutions and organisations authorised by the laws of establishment or by the relevant laws,
e. Provided that the approval of the relevant unit of the Ministry of National Education is obtained, documents issued as a result of training activities organised by professional organisations with the status of public institutions, foundations and associations operating for educational purposes, workers’ and employers’ organisations and economic enterprises established within them, companies for educational purposes established by workers’ and employers’ organisations in accordance with the provisions of the Turkish Commercial Code, and employers,
f. Certificates obtained from international institutions and organisations and recognised by the Ministry of National Education,
g. Vocational qualification certificates issued within the scope of the Vocational Qualification, Examination and Certification Regulation published in the Official Gazette dated 30.12.2008 and numbered 27096.
Apart from this, those who started to work before 01.01.2013, based on the records of the Social Security Institution that they were employed before 01.01.2013 in the works covered by the regulation, will be considered to have received vocational training within the scope of the regulation, if they have the certificates to be issued as a result of the trainings received by passing at least 32 hours of training modules to be given within the framework of the protocols to be made between the Ministry of National Education and the institutions and organisations listed in paragraph (d) above.
Again, in accordance with the provisional Article 1 of the regulation, the vocational training certificates obtained according to the communiqué on vocational training of workers to be employed in heavy and dangerous works published in the Official Gazette dated 31.05.2009 and numbered 27244 within the scope of the abrogated Article 85 of the Labour Law No. 4857 will also be considered valid within the scope of this regulation.
The existence of these certificates shall be inspected by labour inspectors according to Article 7 of the regulation, and employers shall keep copies of these training certificates in the personnel files of the workers and show them to the authorized officers when requested.