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Which documents is an employer not allowed to request from an employee?
Which documents is an employer not allowed to request from an employee?
Until the recent change, according to paragraph 6 of Article 48 of the Labor Code, it was prohibited to request additional documents from employees entering into employment relationships that were not provided for by this Code and did not correspond to the nature of the job (position). With the new change, the phrase “obtainable from relevant state information systems and resources” has been added to paragraph 6 of Article 48 of the Labor Code.
Therefore, according to paragraph 6 of Article 48 of the Labor Code, it is prohibited to request additional documents from employees entering into employment relationships that can be obtained from relevant state information systems and resources, which are not provided for by this Code and do not correspond to the nature of the job (position).
Currently, the EMAS subsystem exchanges information with more than 10 organizations. For example, information about the employee’s education is exchanged with the State Examination Center, information about disability is obtained from the Ministry of Labor and Social Protection, and health certificates are exchanged electronically with the Public Legal Entity “Medical Territorial Management” (TƏBİB). As it appears, if the relevant documents can be obtained from state information systems and resources, requesting these documents from the person being hired is contrary to the legislation.
Until the recent change, according to paragraph 6 of Article 48 of the Labor Code, it was prohibited to request additional documents from employees entering into employment relationships that were not provided for by this Code and did not correspond to the nature of the job (position). With the new change, the phrase “obtainable from relevant state information systems and resources” has been added to paragraph 6 of Article 48 of the Labor Code.
Therefore, according to paragraph 6 of Article 48 of the Labor Code, it is prohibited to request additional documents from employees entering into employment relationships that can be obtained from relevant state information systems and resources, which are not provided for by this Code and do not correspond to the nature of the job (position).
Currently, the EMAS subsystem exchanges information with more than 10 organizations. For example, information about the employee’s education is exchanged with the State Examination Center, information about disability is obtained from the Ministry of Labor and Social Protection, and health certificates are exchanged electronically with the Public Legal Entity “Medical Territorial Management” (TƏBİB). As it appears, if the relevant documents can be obtained from state information systems and resources, requesting these documents from the person being hired is contrary to the legislation.