Map of Turkey highlighting the mandatory 3% employment quota for disabled persons

Disability Employment in Turkey: Legal Obligations

Disability employment in Turkey is governed by specific legal obligations for private and public sector employers. This article provides a comprehensive overview of the 3% mandatory hiring quota, applicable rules, calculations, and available government incentives.

Disability employment obligations are governed by Article 30 of Labor Law No. 4857. According to the regulation:

“Private-sector employers with fifty or more employees must employ disabled persons at a rate of at least 3%.”

Further implementation details are regulated by the Regulation on Domestic Job Placement Services issued by the Ministry of Labor.

Why Disability Employment Matters in Turkey’s Labor Market

Due to structural disadvantages in the labor market, disabled individuals face significant barriers to employment. Without government intervention, employers often overlook this group. Hence, the state mandates positive discrimination policies to ensure inclusion.

Sector-Based Quotas for Disability Employment in Turkey

  • Private sector: 3% disabled employees
  • Public sector: 4% disabled + 2% former convicts or injured veterans

Applicable only when the employer has 50 or more employees. Employees in underground, underwater jobs or in positions prohibited by health reports are excluded.

Calculating the 3% Disability Employment Quota in Turkey

Quota obligations apply to employers with 50 or more employees. Here’s how the quota is calculated:

  • Include all employees under fixed or indefinite-term contracts.
  • Convert part-time employees into full-time equivalents.
  • Exclude underground and underwater workers.
  • Exclude private security workers employed under Law No. 5188.
  • Subtract currently employed registered disabled workers from the total.
  • Apply the 3% rate on the adjusted total. Round down values under 0.5, and round up those equal to or above 0.5.

Example 1:

An employer with 65 employees:
65 x 0.03 = 1.95 → Rounded to 2 disabled workers required

Example 2:

An employer with 110 full-time and 20 part-time employees (part-time = 0.5):
20 x 0.5 = 10 → Total employees = 110 + 10 = 120
120 x 0.03 = 3.6 → Rounded to 4 disabled workers required

Example 3:

An employer operating three workplaces in one province, with a total of 153 employees, including 2 disabled workers:
153 – 2 = 151 (adjusted total)
151 x 0.03 = 4.53 → Rounded to 5 disabled workers required
→ Current shortfall: 5 – 2 = 3 disabled employees

Example 4:

Two companies owned by the same group in the same province:
Company A: 35 employees
Company B: 40 employees
→ Each has less than 50 employees → No quota obligation

Example 5:

XYZ Market operates in three provinces:

  • Province 1: 80 employees → 80 x 0.03 = 2.42 disabled workers required
  • Province 2: 90 employees → 90 x 0.03 = 2.73 disabled workers required
  • Province 3: 150 employees → 150 x 0.03 = 4.55 disabled workers required

Which Workers Are Excluded from Disability Employment Count?

The following employee groups are excluded when calculating the total number of employees for determining quota obligations:

  • Employees working in jobs or workplaces exempted under Article 4 of Labor Law No. 4857
  • Employees in family-type social service units as per Article 16, paragraph 4 of the Social Services Law No. 2828
  • Employees in underground and underwater jobs
  • Security personnel employed by private security firms or internal security units as per Law No. 5188
  • Journalists employed under Law No. 5953 (excluding those under Labor Law No. 4857)
  • Already employed registered disabled, former convict, or veteran employees

Registration with İŞKUR and Eligible Employees

To be eligible:

  • Must have at least 40% total body impairment confirmed by a health board.
  • Must be over the age of 14.

Single-doctor reports or those with less than 40% impairment are not valid for quota fulfillment.

Employers must:

  • Hire through İŞKUR, or
  • Notify İŞKUR within 15 business days if hiring directly

Employers must also notify İŞKUR within 5 days of becoming subject to the quota and must close the gap within 30 days. If İŞKUR cannot provide suitable candidates, no penalty applies.

Penalties for Non-Penalties for Not Meeting Disability Employment Requirements in Turkey

In 2025, the monthly penalty for each unfilled disabled worker position is ₺30,081.

Example:

Employer required to hire 3 disabled workers but hires none for 12 months:
12 months x 3 x ₺30,081 = ₺1,082,916 fine

Public institutions are exempt from this penalty.

Can Retired Workers Fill the Quota?

Yes. Retired persons can be hired under the quota if:

  • They are registered with İŞKUR
  • SGK declaration is made under the social security support premium category

Government Incentives for Employers

  • 100% of the employer’s SGK premium share (calculated on minimum wage) is paid by the Treasury
  • Applies to both quota and non-quota (excess) hires
  • Penalty revenues are used for:
    • Assistive technologies
    • Disability-friendly workspaces
    • Entrepreneurship support for disabled workers
    • İŞKUR job placement programs

What Positions Can Be Offered?

Employers may recruit disabled employees for all positions except:

  • Underground jobs
  • Underwater jobs
  • Positions restricted in the candidate’s health report

Position requirements must match the job—not exceed it unnecessarily.

For more insights on Turkish corporate regulations, you may also want to check our guide on types of companies in Turkey.

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