{"id":7142,"date":"2022-01-19T09:00:00","date_gmt":"2022-01-19T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=7142"},"modified":"2022-02-01T12:44:42","modified_gmt":"2022-02-01T09:44:42","slug":"engelli-ve-eski-hukumlu-calistirma-zorunlulugu","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/engelli-ve-eski-hukumlu-calistirma-zorunlulugu\/","title":{"rendered":"Obligation to Employ Disabled Persons and Former Convicts"},"content":{"rendered":"
\"Engelli
Obligation to Employ Disabled Persons and Former Convicts<\/figcaption><\/figure><\/div>\n\n\n\n

Obligation to Employ Disabled and Former Convicts | Lawyer in Izmir<\/strong><\/p>\n\n\n\n

While our labor legislation mandates the employment of ex-convicts, it does not provide a legal definition of an ex-convict. The term "convict" is a fundamental concept in Criminal Law and is defined as follows: A convict is someone who has been found guilty of a crime and whose sentence has been finalized, and who is serving their sentence in a correctional institution. An ex-convict, on the other hand, is the name given to a convict who has been released.<\/p>\n\n\n\n

It is a social reality that employing individuals with a criminal record leads to insecurity, anxiety, and hesitation, especially in the workplace and in employer-employee relations. However, despite all the negativity, these individuals, who have difficulty finding employment, will strive to make the most of every opportunity that comes their way and fulfill their duty of loyalty and diligence better than other employees in order to overcome the prejudices against them. On the other hand, the participation of ex-convicts in working life will contribute to the national economy, and providing such an opportunity will relieve them of being a burden on society.<\/p>\n\n\n\n

It is important to note that Law No. 4857 Labor Law |<\/a>\u2019Article 30 of the Law has been significantly amended by Law No. 5763. This amendment removes the obligation for private sector employers to employ former convicts and victims of terrorism, who are considered disadvantaged groups in the labor market. Specifically, the article, previously titled "Obligation to Employ Disabled Persons, Former Convicts, and Victims of Terrorism," has been changed to "Obligation to Employ Disabled Persons and Former Convicts." However, the new provision completely eliminates the obligation for private sector workplaces employing 50 or more workers to employ former convicts and victims of terrorism, only stipulating a % 3 ratio for employing disabled workers. In contrast, public sector workplaces are required to employ disabled workers at a ratio of % 4 and former convicts at a ratio of % 2. Consequently, the obligation to employ former convicts is entirely left to public institutions and organizations.<\/p>\n\n\n\n

Following the changes, according to Article 30 of the Labor Law,<\/p>\n\n\n\n

Public employers employing 50 or more workers in public institutions and organizations (public workplaces) are obligated to employ former convicts in jobs suitable to their professions, at a rate of % 2. For employers with multiple workplaces within the same province, the number of workers they are obligated to employ under this scheme is calculated based on their total number of employees.<\/p>\n\n\n\n

Special arrangements:<\/p>\n\n\n\n