Personel File

ARTICLE 75. – The employer shall compile and maintain a personal file for each worker employed. The employer shall maintain the identity details of the worker, and any documents and records required by this Law and other law in this file, and submit it to the authorized officer and authorities when required.

The employer shall use the information acquired about the worker in accordance with good faith and applicable law, and not to disclose any information that needs to be kept confidential for the fair interest of the worker.”

In this law text, the employer is required to keep a personal file for each of the workers employed by that employer at the workplace. This personal file must contain any information and documents that must be kept confidential to third parties.

Documents required to be contained in the personal file

1- The application form or petition;

2- İdentity details of the worker, a copy of the ID card;

3- Certificate of residence;

4- Police record/criminal record;

5- A copy of school diploma graduated;

6- A copy of certificate for jobs requiring profession (e.g., Certificate of Mastership, etc.);

7- Reference letters and background – a CV;

8- Labor contract (of definite/indefinite duration, or part-time, etc.);

9- SSI statement of employment and cease of employment;

10- Medical report;

11- Reports issued for sickness;

12- Petitions and/or leave of absence cards for the paid/ unpaid leaves used by the worker;

13- A report indicating the worker has undergone several examinations for certain lines of business;

14- A disability report (original or photocopy) if the worker is disabled;

15- A letter issued by the tax office to apply tax reduction in order to take advantage of Disabled Income Tax reduction;

16- The registration document for application to Turkish Employment Agency (ISKUR) in case of disabled worker,

17- The registration document for application to ISKUR in case of ex-convicts,

18- The registration document for application to ISKUR in case of a victim of terrorism;

19- A copy of bill for the wages paid;

20- A letter to indicate the reason for deduction in the event a penalty for deducting wages for any legal reason;

21- Warning letters issued by the employer for various reasons;

22- A letter whereby the worker has consented to overworking and general bank holidays;

23- A list of overworking (the overtime (in hours) and the months of overtime)

24- Letter of consent for short-term working;

25- A letter whereby the worker is informed about occupational health and safety and the vocational risks they may have, measures to be taken, and legal rights and obligations;

26- A copy of certificate of employment (for workers left the job);

27- Letter of recommendation for jobs requiring specialty;

28- Certificate of release (for workers left the job)

29- For workers that perform heavy and dangerous works: a list containing the worker’s name/surname, identity number, place and date of birth;

30- A list of make-up works if applicable;

31- Certificate of employment for occupational health and safety (Professional Competence Certificate);

32- Certificate of service (as per Code of Obligations)

33- Personal Status for minimum living allowance;

34- Report for inventories if such inventories debited by the worker;

35- Certificate of training provided to the worker pursuant to manual handling;

36- Worker’s credit voucher (Regulation on Wage Guarantee Fund);

37- Certificate of deduction for compulsory Personal Retirement Insurance (BES);

38- Petition of suspension for compulsory BES;

39- Petition of waiver of compulsory BES;

40- Mutual rescission agreement if applicable;

41- Other documents that need to be kept as required by the business.