In brief
Under Art. 27 of the Law on Misdemeanours, an objection to administrative fines imposed under Law No. 6331 is made to the criminal judgeship of peace within 15 days of notification. If the fine is paid within 30 days, a 25% discount applies, and payment does not remove the right to object. The fine for not notifying a work accident, however, is imposed by the SGK: the objection is made to the SGK within 15 days, and if rejected, to the administrative court within 30 days.
Objecting to an OHS administrative fine: who makes the decision?
The first question that determines the route for objecting to an OHS administrative fine is which institution imposed the fine. Under the second paragraph of Art. 26 of Law No. 6331 on Occupational Health and Safety:
- The administrative fines in the Law are imposed, with reasons stated, by the provincial director of the Turkish Employment Agency. For a workplace in Bursa, this is the Bursa provincial directorate.
- Exception: The fine for breaching the obligation to notify work accidents and occupational diseases under Art. 14 is imposed directly by the Social Security Institution (SGK). Art. 102 of Law No. 5510 applies to the notification, objection and collection of these fines.
For fines imposed by the provincial directorate, the objection route is in Law No. 5326 on Misdemeanours. Under Art. 27 of that Law, an application against an administrative fine decision is made within 15 days at the latest of the date of notification or announcement of the decision. The text of the Law still uses the expression "criminal court of peace"; as criminal courts of peace were abolished in 2014 and replaced by criminal judgeships of peace, these applications are made in practice to the criminal judgeship of peace.
Art. 26 of the Law requires the notification text to state clearly the legal remedy available against the decision, the authority and the deadline. So the first thing to do is read the notification carefully and note the notification date.
The administrative fine objection deadline and other deadlines
The deadlines are strict; if missed, the fine becomes final. Let us see them all in one table:
| Step | Deadline | Basis |
|---|---|---|
| Objection to a provincial directorate fine | 15 days from notification or announcement | Law No. 5326, Art. 27/1 |
| If the deadline was missed due to force majeure | 7 days from the removal of the cause | Law No. 5326, Art. 27/2 |
| Payment of a provincial directorate fine | 30 days from notification | Law No. 6331, Art. 26/2 |
| Discount for payment within the payment period | 25% discount on the fine | Law No. 5326, Art. 17/6 |
| Objection to the judgeship's decision | 2 weeks from notification of the decision | Law No. 5326, Art. 29 |
| Objection to an SGK fine | To the SGK within 15 days of notification | Law No. 5510, Art. 102 |
| If the SGK objection is rejected | Administrative court within 30 days of notification of the rejection | Law No. 5510, Art. 102 |
| Early payment of an SGK fine | If paid within 15 days without objecting, three quarters is collected | Law No. 5510, Art. 102 |
Under the Law on Misdemeanours, decisions given on applications against administrative fines of up to and including 15,000 TL are final; decisions above this amount can be challenged within two weeks (Arts. 28/10 and 29).
Does the OHS fine early payment discount affect the right to object?
No. Art. 17/6 of the Law on Misdemeanours clearly states that a 25% discount is given on a fine paid within the payment period and that payment does not affect the right to seek a legal remedy. Law No. 6331 sets the payment period at 30 days from notification. The practical result is that you can pay the discounted amount on time and also make your objection within 15 days. If the objection is upheld, a refund of the amount paid becomes due.
The rule is similar for the notification fine imposed by the SGK, but the period is different: under Law No. 5510, if the fine is paid within 15 days of notification, before objecting to the SGK or going to court, three quarters of it is collected, and early payment does not affect the right to go to court.
From notification to objection: the 15-day calendar
As the deadline is short, make a work plan on the day the notification arrives:
- Notification day: Record the notification date. For electronic notification, notification is deemed made at the end of the fifth day following the date the notice reaches the electronic address (Law on Misdemeanours, Art. 26/4). Read the decision record, the article on which the fine is based and the amount.
- First 3 days: With the OHS specialist and workplace physician, compare each finding in the inspection report with the documents you hold. Check the calculation of the amount.
- First week: Decide whether to object and whether to make the discounted payment. Prepare the grounds and documents; consult a lawyer if necessary.
- Before day 15: Submit the petition in two copies with its annexes and keep the receipt. Do not leave it to the last day.
- Before day 30: If you are taking the discount, make the payment and put the receipt in the file.
Throughout this period, also work in parallel on remedying the deficiency that led to the fine.
Worked example: is the amount correct?
Before objecting, check whether the amount has been calculated correctly. The 2026 base amounts and the increase rates in Art. 26/3 of Law No. 6331 are applied as follows:
- Not providing training: 8,980 TL per employee. If 10 employees have not been trained, 89,800 TL. For fines multiplied by the number of employees, the hazard class increase is not applied (Art. 26/5). If paid on time, 67,350 TL with the 25% discount.
- Not carrying out a risk assessment: The base amount is 66,725 TL. In a hazardous workplace with 10–49 employees, with the 50% increase it becomes 100,087.50 TL; if the breach continues, each month is calculated separately on a base amount of 100,119 TL.
These two examples show two common calculation errors: applying an increase to a per-employee fine, and taking the wrong hazard class or number of employees for the workplace. To verify your hazard class, see our article on how to find out your hazard class, and to see the amounts for your own situation, the OHS administrative fines tool.
The OHS objection petition: what to write and what to attach
Under Art. 27 of the Law on Misdemeanours, the application is made by a petition submitted by the person concerned, their legal representative or their lawyer, and the petition is submitted in two copies. The petition clearly states the information about the administrative sanction decision and the evidence put forward against it; if the deadline was missed, it is written with the grounds of force majeure. The application is not subject to fees (Art. 31).
The skeleton of the petition can be as follows:
- Applicant: The employer's name, address, SGK workplace registration number and the representative's identity.
- Decision details: The provincial directorate that made the decision, the decision date and number, the notification date, the fine amount and the article relied on.
- Facts: The date of the inspection and the matter found.
- Grounds of objection: Each ground under a separate heading, with its document.
- Request: Annulment of the administrative sanction decision or, for fines with minimum and maximum limits, a change in the amount.
- Annexes: A numbered list of documents.
Typical documents to attach, depending on the ground:
- ISG-KATİP (the Ministry's online OHS registration system) contract and approval records, appointment dates,
- The risk assessment and emergency plan dated before the finding,
- Training attendance records and basic training certificates,
- Pre-employment and periodic examination records,
- Periodic inspection and workplace exposure measurement reports,
- SGK records showing the hazard class and number of employees,
- A copy of the inspection report.
Which grounds carry weight?
An objection succeeds not by believing the fine is unfair but by showing this with documents. Grounds that can carry weight are generally:
- The document existed on the date of the finding: If the document said to be missing was prepared, signed and recorded before the inspection date.
- Calculation error: The wrong hazard class, the wrong number of employees, or an increase applied to a per-employee fine.
- Stop-work order: Under Art. 26/4 of Law No. 6331, if work is stopped, the related administrative fine is not applied for the act that caused the stoppage.
- Procedural defects: The decision not stating the reasons, the act, the place and the time, or notification contrary to procedure. Art. 25 of the Law on Misdemeanours requires the decision record to include the person's identity, the act, the evidence, the decision date and the identity of the official making the decision.
"We remedied the deficiency afterwards" is often not, on its own, a ground for objection; but it stops monthly repeated fines. For preparing for an inspection, see our article on preparing for a labour inspector visit, and for the notification process after an accident, our article on what to do after a work accident. To make sure your documents are complete before an inspection, you can look at our OHS specialist service. This article provides general information; in a specific dispute, we recommend seeking the support of a lawyer.
Frequently Asked Questions
How many days is the administrative fine objection deadline?
For OHS fines imposed by the provincial directorate of the Turkish Employment Agency, the objection deadline is 15 days from the date of notification or announcement of the decision. If no application is made within the deadline, the decision becomes final. If the deadline was missed due to force majeure, an application can be made within 7 days of the removal of the cause.
Where is the objection made?
For fines imposed by the provincial directorate, it is made by petition to the criminal judgeship of peace. As the fine for not notifying a work accident or occupational disease is imposed by the SGK, the objection to this fine is first made to the SGK within 15 days; if it is rejected, an application is made to the administrative court within 30 days.
Will I lose my right to object if I pay the fine at the discount?
No. Art. 17/6 of the Law on Misdemeanours clearly states that payment does not affect the right to seek a legal remedy. You can pay on time and benefit from the 25% discount while also making your objection.
Who can submit the objection petition?
Under Art. 27/3 of the Law on Misdemeanours, the application is made by the person concerned, their legal representative or their lawyer, with a petition in two copies. In companies, the petition is signed by the person authorised to represent the company; the signature circular or power of attorney showing the authority should be attached to the petition.
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Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.