Article 4 of Law No. 5953 makes a written employment contract with the journalist mandatory. The sanction is in Article 26(a), and the way it is calculated makes it grow quickly.
The Fine Runs Per Contract
The article provides: an employer who does not make a written employment contract with the journalist they employ in the form set out in Article 4 is subject to an administrative fine for each contract.
| Journalists without a contract | Fine |
|---|---|
| 1 journalist | 1× |
| 10 journalists | 10× |
| 32 journalists | 32× |
Why the Amount Varies
The fixed figure in the Law was set by Law No. 5728 of 2008 and rises each year by the revaluation rate. The figure in the statutory text therefore does not show the current amount; check the announcements of the Ministry of Labour and Social Security.
Who Imposes the Fine?
Under Article 30, the administrative fines in this Law are imposed by the regional director of the Ministry of Labour and Social Security for that locality. Under Article 24, the monitoring, supervision and inspection of the Law is carried out by the Ministry of Labour.
The Fine Is the Smallest Risk
The administrative fine is the least of the consequences of employing without a contract. The real problems are:
- Proving seniority. Article 4 requires the journalist's seniority to be stated in the contract. Without a contract, seniority becomes disputable — and under Article 6 seniority looks at total service in the profession.
- Proving the wage. Where the wage is not written in a contract, the entire calculation of severance, notice, overtime and the bonus loses its foundation.
- The job description. Article 15 provides separate pay for work outside the contract; without a job description, what counts as outside the contract cannot be determined.
- The press card. Press Law No. 5187, Add. Art. 3(f) treats having made a contract compliant with Law 5953 as a condition for a press card. Without a contract, the employee's card application also fails.
- Official announcements. Article 18 of the Official Announcement and Advertisement Regulation requires the contracts of intellectual workers shown on the staff to be made in writing and full-time in compliance with Law 5953.
Mandatory at the End of Probation Too
Under Article 10, a written contract is mandatory at the end of the trial period. Letting probation pass quietly and then working for months without a contract triggers the Article 26(a) fine.
What Must the Contract Contain?
Article 4 makes three items mandatory: the nature of the work, the amount of the wage and the journalist's seniority. Changes to the job and the wage must also be recorded in the contract. This is covered in the written contract article.
Bottom Line
An employer who does not make a written employment contract is subject to an administrative fine for each contract, imposed by the regional director of the Ministry of Labour and Social Security. Because the fine runs per contract the total grows quickly on a large staff — and the absence of a contract also affects the press card and the right to carry official announcements.