As a general rule, it is not possible for employers to impose a penalty of dowry deduction from employee wage in Turkey. However, this penalty may be imposed in the presence of reasons specified in labour contracts or collective labour agreements. It is also possible to stipulate the reasons and amounts of penalties as an annex to the labour contract or collective bargaining agreement. In the amendments, the consent of the employee and his/her union must be obtained. However, apart from these, regulations that can be changed by the employer’s arbitrariness will not be taken into consideration.
Again, in Turkey when a wage deduction penalty is applied for the reasons specified in the labour contract or collective bargaining agreement, the order that is or may be included in the penalty provisions should be followed. For example, in the case of coming late to work without excuse or permission, if the first offense is 1 daily deduction, the second offense is 2 daily deductions and the third offense is termination of the employment contract, the termination of the employment contract of an employee who comes late for the first time will be considered an unfair termination.
When a wage deduction penalty is imposed in Turkey ;
- Immediate announcement of the deduction to the employee in writing together with the reasons,
- The amount of deduction shall not be more than two days’ wages per month or two days’ earnings of the worker if the wage is paid per piece or according to the amount of work performed (as it should be noted, the law stipulates that the deduction shall not be more than two days’ wages per month and does not limit the amount of deduction. In this case, it is possible to impose in Turkey a wage deduction penalty of more than two days. However, only 2 days of this penalty can be applied in a month. For example, if a penalty of 6 daily wage deductions is imposed, this penalty will be collected in 3 months).
- Deposit these monies to one of the bank accounts to be specified by the Ministry of Labour and Social Security within one month from the date of deduction (Ziraat Bank Ankara Emek Branch 972628305001 account/IBAN 95 0001 0007 6597 2628 3050 01),
- Keeping a separate account of these funds at the workplace
There is also a regulation in the Private Education Institutions Law No. 5580 regarding the wage deduction penalty in Turkey. Article 9 of the Law stipulates that if the administrator or education and training personnel working in a private education institution commits an act that requires the penalty of suspension of progression in accordance with the Civil Servants Law No. 657, in case of committing an act that requires the penalty of suspension of progression, instead of the penalty of suspension of progression, the penalty of salary (wage) deduction between ¼ and ½ of the gross salary will be applied by the authority granting the work permit.