Punishments

Article 171: Those who violate the obligations stipulated in this law, as the case may be and in accordance with other articles, taking into consideration the conditions and resources of the criminal and the details of the crime, shall be condemned to prison or the payment of a cash fine or both. Should the violation of legal obligations result in an accident which results in a worker’s suffering the loss of a limb or death, the court is obliged to determine their duties under the law in this regard, in addition to the punishments described in this chapter.

Article 172: Forced labor, considering Article 6 of this law, is forbidden in any form. Violators, in addition to paying the equivalent of the work performed and compensation for damages, taking into account the conditions and resources of the criminal and the details of the crime, shall be condemned to prison for from 91 days to one year and the payment of a fine equivalent to from fifty to two hundred times the minimum daily wage. Should there be an agreement among several people or an institution which forces one to perform forced labor, each of the violators shall be condemned to the above punishments and shall be jointly responsible for the payment for the work performed unless they had been forced into it by their boss, in which case the causal agent is personally liable.

Article 173: Violators of each of the issues mentioned in Articles 149, 151, 152, 153, 154, and 155 and the second part of Article 78, in addition to eliminating the violation within the time allotted, which the court will have set, having received the view of a representative of the Ministry of Labor and Social Affairs, taking into consideration the number of workers and the workplace’s capacity, in a workplace with fewer than 100 people, shall pay for each instance of a violation a cash fine of from seventy to one hundred and fifty times the official minimum daily wage of a worker on the date the sentence has been issued; for each additional hundred workers in the workplace, a penalty of ten times the aforementioned minimum wage shall be added to the aforementioned maximum fine.

Article 174: Violators of each of the items mentioned in Articles 38, 45, 59, and the note to Article 41 shall, for each such violation, as the case may be, eliminate the violation or compensate the workers’ wages or both within the allotted time, which the court shall have set, having received the view of a representative of the Ministry of Labor and Social Affairs, shall be condemned for each worker as follows:

1)       For up to 10 people, 20 to 50 times the minimum daily wage of a worker.

2)       For up to 100 people, for the number beyond 10 people, 5 to 10 times the minimum daily wage of a worker.

3)       For over 100 people, for the number beyond 100 people, 2 to 5 times the minimum daily wage of a worker.

Article 175: Violators of any of the items mentioned in Articles 78 (first part), 80, 81, 82, and 92, for each such violation, as the case may be, in addition to eliminating the violation or restoring the workers’ wages or both, within the allotted time which the court shall have set, having received the view of a representative of the Ministry of Labor and Social Affairs, shall be condemned for each worker in the following way:

1)       For up to 10 people, 30 to 100 times the minimum daily wage of a worker.

2)       For up to 100 people, for the number beyond 10 people, 10 to 30 times the minimum daily wage of a worker.

3)       For over 100 people, for the number beyond 100 people, 5 to 10 times the minimum daily wage of a worker.

Article 176: Violators of any of the items mentioned in Articles 52, 661, 75, 77, 79, 83, 84, and 91 for each such violation, as the case may be, in addition to eliminating the violation or restoring the workers’ wages or both, within the allotted time, which the court shall have set, having received the view of a representative of the Ministry of Labor and Social Affairs, shall be condemned for each worker as follows:

1)       For up to 10 people, 200 to 500 times the minimum daily wage of a worker.

2)       For up to 100 people, for the number beyond 10 people, 20 to 50 times the minimum daily wage of a worker.

3)       For over 100 people, for the number beyond 100 people, 10 to 20 times the minimum daily wage of a worker.

Article 177: Violators of any of the items mentioned in Articles 87, 89 (the first part of the article), and 90, for each such violation, as the case may be, in addition to eliminating the violation or restoring the workers’ wages or both, within the allotted time, which the court shall have set, having received the view of a representative of the Ministry of Labor and Social Affairs, shall be condemned to from 91 to 180 day or a cash fine in the following way:

1)       For up to 10 people, 300 to 600 times the minimum daily wage of a worker.

2)       For up to 100 people, for the number beyond 10 people, 500 to 1000 times the minimum daily wage of a worker.

3)       For over 100 people, for the number beyond 100 people, 800 to 1500 times the minimum daily wage of a worker.

Should the violation be repeated, the violator shall be sentenced to prison for between 121 to 180 days.

Article 178: Anyone who compels or threatens anyone to accept membership in workers’ or employers’ organizations, or prevents their membership in the aforementioned organizations or even prevents the formation of legal organizations or the performance of their legal duties shall be condemned to a cash fine of between 20 and 100 times a worker’s minimum daily wages on the day the sentence is issued or 91 to 120 days in prison or both, with due consideration to the criminal’s conditions and resources and the details of the crime.

Article 179: Employers or those who prevent the entrance or the performance of the duties of labor inspectors or labor health officials in the workplaces covered by the law or refrain from giving the necessary information or documents to them, in each instance, with consideration to the conditions and resources of the criminal, shall be sentenced to pay a cash fine of between 100 to 300 times a worker’s minimum wages after the sentence has been determined and, should [the violation] be repeated, to prison for between 91 and 120 days.

Article 180: Employers who, contrary to Article 159 of this law, refrain from a timely implementation of the binding and obligatory opinions of the Conflict Resolution authorities, in addition to implementing the aforementioned opinion, with consideration to the criminal’s conditions and resources, shall be condemned to pay a cash fine of between 20 and 200 times a worker’s daily minimum wage.

Article 181: Employers who employ foreign nationals lacking a work license or whose work license had expired, or hired foreign nationals to perform a job other than what is specified on his work permit or, in cases in which the employment relationship between the foreign national and the employer has been severed, did not report the matter to the Ministry of Labor and Social Affairs, shall, with due consideration to the conditions and resources of criminal and the details of the crime, be sentenced to prison for between 91 and 180 days.

Article 182: Employers who, contrary to the content of Article 192 of this law, refrain from turning over figures and information due to the Ministry of Labor and Social Affairs, for each instance, taking into consideration the circumstances and the criminal’s resources and the details of the crime, shall be sentenced to pay a cash fine of between 50 and 250 times a worker’s minimum daily wages.

Article 183: Employers who, contrary to the content of Article 148 of this law, refrain from providing insurance for their workers, for each instance, in addition to compensating the workers for all their wages (the employer’s share), taking into consideration the circumstances and the criminal’s resources and the details of the crime, shall be sentenced to pay a cash fine of between two to ten times a worker’s minimum daily wages.

Article 184: In all instances in which a violation occurs on the part of actual people, compensation for the work performed and the debt and the damages must be paid by the actual person. But the responsibility for the penalty, including prison, a cash fine, or both, is upon the executive manager or the general manager of the actual person who carried out the violation of his orders and the sentence shall be executed on the aforementioned officers.

Article 185: Investigation into the crimes mentioned in Articles 171-184 is within the purview of the judiciary’s criminal courts. The courts’ investigation shall have priority.

Article 186: Cash fines stipulated in this law shall be paid to a private account in the bank and this sum shall be under the supervision of the Minister of Labor and Social Affairs, in accordance with the bylaws which shall be confirmed by the cabinet, to be used for the workers’ welfare, education, and culture.