IN all workplaces, in addition to existing employees;
- Occupational physician,
- Occupational safety specialist,
- Auxiliary health personnel (nurse),
Our article from yesterday regarding its operation has confused many people.
“We are not in a position to hire one more person, let alone three. We are struggling to pay salaries, taxes, bonuses, rent, etc. What is this mandatory requirement to employ three more people? When did this start? Isn't a 12,500 lira fine for every month they are not employed too much?” reactions poured in!
WHEN DOES IT START?
First of all
For those who panicked, asking, “Oh no, have we fallen into a penalized situation?”, let us clarify; the implementation has not yet started.
Based on a triple separation, the implementation will begin on different dates starting from June 30, 2012, which is the effective date of the “Occupational Health and Safety Law.”
.
1. In workplaces with more than 50 employees, starting "six months later," namely from December 30, 2012,
2. In workplaces in the “dangerous and very dangerous” classes with fewer than 50 employees, starting “one year later,” namely from June 30, 2013,
3. In public institutions and "low hazard" workplaces with fewer than 50 employees, it will begin "two years later," namely from June 30, 2014, onwards.
Which workplaces are low-hazard and which are high-hazard will be announced by the Ministry of Labour and Social Security in the coming months.
Let us state immediately that in workplaces where a full-time occupational physician is assigned, the assignment of assistant health personnel is not mandatory. (Art. 6)
12,500 TL INITIAL FINE IS TOO HIGH
There are more than two million tradesmen, artisans, merchants, and self-employed professionals in Türkiye. When we include companies, a figure of around three million emerges. Currently, no one knows anything about anything!
In the law regarding the subject; to those who do not employ an occupational physician, an occupational safety specialist, and auxiliary health personnel, or do not contract with an “occupational safety and health services unit” that provides these services,
- In the initial determination, it is stated that an "administrative fine" of 12,500 TL will be imposed.
- 12,500 TL will be applied in the same amount to those with a capital of 10 thousand TL as well as to those with 10 million TL.
- A starting fine of 12,500 TL is a huge amount of money, especially for tradesmen, artisans, small businesses, and companies!
- Despite the warning, for those who do not employ these individuals or do not reach agreements with those providing these services; with a calculation of “12,500 TL fine every month,” the 150 thousand lira annual fine resembles Bektaş's joke: “either you haven't been beaten with a stick, or you don't know how to count.”
Looking at the entirety of the incident, one is tempted to ask, “Do those who prepared this law live in Patagonia?”
SERVICE ACQUISITION ADVANTAGE
In addition to the employees currently working at the workplace, the fact that three more people were to be employed created panic, with questions such as, “Where will we seat these three people, what work will we give them for a month, and most importantly, how will we pay the salaries of three people all at once every month?”
First, let us explain; there is no need for panic..
As for the reason;
1) You do not need to hire and employ these three people.
It may be possible to ensure occupational health and safety through the provision of services from external “occupational health and safety service units.”
In this way, the cost of these three people could be very low, for example, as much as one tenth.
2) You may not have to pay any money for these three people.
Occupational health and safety expenses of very dangerous and dangerous workplaces with fewer than 10 employees shall be covered by the Ministry of Labour and Social Security, and the expenses of less dangerous workplaces shall be covered by the Social Security Institution via a Decree of the Council of Ministers.
.
This application will provide significant relief, especially to small and medium-sized enterprises and apartment management.
Let us state immediately that, unless an agreement is made with the three individuals mentioned above or with occupational health and safety service units, in order to avoid a total penalty of 12,500 TL per month, the workplace's
Depending on the location, agreements must be made before the time comes.
When the regulations regarding occupational health and safety are published, the principles for the implementation of this matter will become clear..
Şükrü Kızılot
Source: 19.07.2012 (Hüüriyet)