Sample Occupational Health Physician Contract
OCCUPATIONAL HEALTH SERVICES AGREEMENT
Article 1 – Parties and Notification Addresses
1.1. Employer: [Title/Name Surname]
MERSIS/TCKN: […]
Address: […]
Contact: Tel […] / E-mail […]
1.2. Occupational Physician: Dr. [Name Surname] (Turkish Republic Identity Number: […])
Medical Chamber Registration Number: […] / Diploma Number: […] / Occupational Physician Certificate Number: […]
Address: […]
Contact: Tel […] / E-mail […]
1.3. Workplace (Scope of Occupational Health and Safety): [Workplace Name and Full Address]
Social Security Institution Workplace Registration Number: […]
NACE Code / Hazard Class: […]
1.4. The parties accept the above addresses as their legal addresses for service of process. Unless address changes are notified in writing, notifications sent to these addresses shall be deemed valid.
Article 2 – Basis, Definitions and Scope
2.1. This contract is concluded in accordance with Law No. 6331 on Occupational Health and Safety , the " Regulation on the Duties, Authorities, Responsibilities and Training of Workplace Physicians and Other Health Personnel ", the " Regulation on Occupational Health and Safety Services ", the Personal Data Protection Law No. 6698, and related secondary regulations. 2.2. "Ministry": Ministry of Labor and Social Security; "İSG-KATİP": Ministry's contract assignment and verification system; "SBİM": Workplace Health and Safety Unit; "OSGB": Joint Occupational Health and Safety Unit. 2.3. This contract regulates the scope, duration and principles, fees and payment conditions, and the rights and obligations of the parties regarding the workplace medical services to be provided by the Workplace Physician within the Employer.
Article 3 – Contract Duration and Assignment of the Occupational Safety and Health (OSH) Clerk
3.1. The contract enters into force on [start date] and is valid for [1 year] . Unless terminated by either party , it will be renewed [annually] under the same conditions . 3.2. The contract cannot be actually initiated unless assigned via ISG-KATIP . The assignment and approval processes are completed by the Employer. 3.3. In the event of changes to the minimum duration/working conditions mandated by legislation, the parties shall adapt the contract to the changes .
Article 4 – Working Hours, Schedule and Location
4.1. The Occupational Physician shall fulfill the total monthly hours , taking into account the number of employees, the hazard class, and the nature of the work, provided that it does not fall below the minimum hours specified in the legislation. 4.2. The weekly/monthly work plan (day-hour intervals) is included in Annex-1 and is determined at least [on … days of the week, with clear hours such as 07:00–07:45] . Additional services may be provided outside the plan in emergency/priority situations. 4.3. Services shall be provided in the workplace's Occupational Health and Safety Center/health room or in a suitable location designated by the Employer that provides privacy and medical conditions.
Article 5 – Scope of Service (Duties and Responsibilities)
The Occupational Physician, in accordance with the legislation, performs at least the following duties: a) Participating in risk assessment studies and making recommendations regarding health surveillance. b) Conducting pre-employment, periodic, and return-to-work examinations ; maintaining health records/files and safeguarding sensitive data. c) Providing recommendations for the prevention of occupational accidents and diseases ; participating in investigation, recording, and reporting processes when they occur. d) Coordinating the medical aspects within the scope of the emergency plan ; monitoring first aid organization and drills. e) Vaccination programs , infectious diseases, and epidemiological monitoring. f) Training and information activities (including annual plans and annual evaluation reports). g) Evaluating the results of workplace environmental measurements from a health perspective and making recommendations. h) Preparing and submitting annual work plans and annual evaluation reports to the Employer in accordance with the legislation and processing them in the OHS-KATIP system. i) Making referral and consultation recommendations when necessary ; monitoring groups requiring special policies (pregnant/breastfeeding women, young people, disabled people, etc.).
Note: The Occupational Physician professional independence ; when medical indications, ethics, and legislation require it, they will recommend necessary actions without waiting for instructions.
Article 6 – Employer's Obligations
6.1. Establishment of the Occupational Health and Safety Center (OHS), provision of necessary personnel (other healthcare personnel), space, equipment, consumables , personal protective equipment , training and information opportunities. 6.2. Arranging the time and organization for employee participation in examinations; operating the pre-employment/periodic examination schedule. 6.3. Cooperation in registration-reporting, notification and OHS-KATIP processes; providing opportunities and permission for the Occupational Physician to participate in continuous professional development training. 6.4. Timely reporting of environmental measurements, exposure records and changes in production processes to the physician.
Article 7 – Fees, Payments and Expenses
7.1. Monthly service fee (net/gross) : [… TL] (first 6 months of… year); [… TL] (second 6 months of… year). This fee is paid via payroll and on [… days of each month] . 7.2. The fee is determined taking into account the minimum periods in the legislation and (if any) the minimum fee announcements of the relevant Medical Chamber/Turkish Medical Association . In case of legislative changes/natural increases, the fee is updated . 7.3. Transportation expenses and (if any) out-of-city assignment expenses are paid separately. 7.4. In case of changes in the number of employees or changes in the risk class of the job, the period and fee are revised simultaneously (Appendix-2 Fee and Period Revision Form).
Article 8 – Permissions and Power of Attorney
8.1. The Occupational Physician has the right to [30] days of paid annual leave; it can be used in two installments. 8.2. In cases where the Physician is unable to be present due to excuse/health reasons, a competent physician may be appointed as a substitute to ensure continuity ; the services provided by the substitute are reported to the Employer and recorded in the OHS-KATIP system.
Article 9 – Registration, Reporting and Auditing
9.1. Medical examination records are considered sensitive personal data ; they are stored in a separate, locked/encrypted system and are accessible only to authorized personnel. 9.2. The annual work plan and annual evaluation report are prepared and submitted on time. 9.3. The Employer provides the necessary assistance during Ministry/Occupational Health and Safety audits and (if applicable) Medical Chamber professional audits. 9.4. A copy of wage increases and payrolls can be sent to the relevant professional organization upon request.
Article 10 – Privacy, GDPR and Data Security
10.1. The Occupational Physician and the Employer shall comply with Law No. 6698 on the Protection of Personal Data (KVKK) and related health data legislation; they shall implement information texts , explicit consent (where necessary), data processing inventory , and storage-destruction policies . 10.2. Health data is " special categories of personal data "; it is processed for the limited purpose , minimally , and securely , and destroyed at the end of the legal retention period . 10.3. The parties may not share confidential information with third parties ; legal obligations are reserved.
Article 11 – Malpractice Insurance and Professional Independence
11.1. The Occupational Physician works under professional liability insurance (policy number: […] if applicable); and provides policy information to the Employer. 11.2. The professional independence of the physician is essential; their rights and entitlements cannot be restricted due to their medical assessments and recommendations.
Article 12 – Force Majeure
12.1. Events beyond the control of the parties, such as earthquakes, floods, war, epidemics, legislative changes, etc., force majeure .
12.2. In the event of force majeure, obligations shall be suspended until the impediment is removed; these events shall not be considered a delay or default.
Article 13 – Termination
13.1. Termination with notice: The parties may terminate the contract with written and reasoned notice [30] days in advance . (Termination in ISG-KATIP is mandatory.) 13.2. Termination for just cause: Immediate termination is possible in cases of non-compliance with legislation, delay in payment exceeding 30 days, obstruction of service, instructions contrary to ethical-medical principles, etc. 13.3. The number of employees [falling below the limit for having a physician as required by legislation] alone cannot be a reason for termination before the end of the term; the contract will continue if the obligation continues according to the legislation.
Article 14 – Transfer, Subcontracting and Competition
14.1. The Occupational Physician may not transfer their obligations arising from this contract the written consent .
14.2. If services are obtained through an Occupational Health and Safety Service Provider (OHSP), this contract in accordance with the OHSP contract ; OHS-KATIP assignments shall be made through the OHSP.
14.3. The Physician agrees not to undertake conflicting assignments that would reduce the quality of service in the same location and at the same time.
Article 15 – Wage Disputes, Default and Penalties (Optional)
15.1. In case of delay of payment exceeding [x] days, legal default interest will be applied. 15.2. In case of wrongful termination, a penalty of up to [y]% of the remaining period's wages may be demanded. (To be determined by the parties.)
Article 16 – Resolution of Disputes
16.1. Turkish law applies.
16.2. [Istanbul (Central)/Local Courts and Enforcement Offices] have jurisdiction.
16.3. If arbitration/mediation is preferred, it will be regulated separately here.
Article 17 – Entry into force, Annexes and Signatures
17.1. The Agreement enters into force on [date] and consists of [pages] . 17.2. Annexes:
-
Appendix 1: Monthly/Weekly Work Schedule (day-hour, e.g., 07:00–07:45)
-
Appendix 2: Wage and Term Revision Form (for changes in employee number/hazard class)
-
Appendix 3: Personal Data Protection Law (KVKK) Information Text and Privacy Commitment
-
Appendix 4: Annual Work Plan and Annual Evaluation Report Templates
-
Appendix 5: OHS-Clerk Contract/Assignment Outputs
-
Appendix 6: (If any) Occupational Health and Safety Consulting Firm Contract and Assignment Letters
Employer
Title/Name and Surname: […]
Signature / Stamp: […]
Date: […]
Occupational Physician
Dr. [Name Surname]
Signature: […]
Date: […]