Business in Turkey

Turkey's Attraction Area Program Rearranged

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Attraction Area Program that aims at providing incentives to the investments in 23 provinces of eastern and southeastern Anatolia has been rearranged by a Cabinet Decree issued in Official Journal numbered 11201, dated 25 January 2018.

Attraction Area Program used to provide supports on advisory services, land allocation, building construction, interest free investment loans and lower interest operational loans to manufacturing industry, call centers and  data centers in the region of Adıyaman, Ağrı, Ardahan, Batman, Bayburt, Bingöl, Bitlis, Diyarbakır, Elazığ, Erzincan, Erzurum, Gümüşhane, Hakkari, Iğdır, Kars, Malatya, Mardin, Muş, Siirt, Şanlıurfa, Şırnak, Tunceli ve Van. 

Cabinet Decree 2016/9596 is repealed and new program is issued in the official Journal numbered 2018/11201, dated 25 January 2018.

How to Notify Work Accident of Foreign Employee?

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Work accident notification of a foreign employee should be made manually.

Foreign employee who had a work accident must be immediately notified to security forces (police or gendarmeries) by the employer.

Notification to SSI will be made within 3 work days following the date accident is occurred. Weekends and public holidays are not counts, for example if the accident occurred on Wednesday notification should be made on next Monday at the latest.

FAQs On Minimum Living Allowance

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What is minimum living allowance?

Part of the wage that constitutes the amount of minimum subsistence level is not subject to income tax for real persons in Turkey legislation.

Minimum Living Allowance (MLA/AGİ)  is calculated on the basis of annual minimum wage regardless of the total earning, and in accordance with the marital status and the number of the children of the employee.

Transfer of an Employee in February

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Transferring an employee (as exit and re-employment) between the workplaces belongs to same employer may cause loss of insured days in the month of February.

In Turkey’s labor legislation number of working days within a month is considered 30, regardless of the actual number of days the month includes in. In other words the workdays of January (31 days), February (28 or 29 days) or March (30 days) is the same from the point of SSI application.  

The employer may transfers the employee to another establishment within the structure of the same holding company or the same group of companies. In case the workplaces are registered under different numbers in SSI, the transfer process will be performed by submitting leaver and new starter declarations, i.e. employee will leave the old workplace and be a new starter in the other.

SPECIFIC CONDITION OF FEBRUARY

As we stated above, SSI premium days for employees who worked full in February is 30, however in case of starting or leaving work during the February the actual days will be taken into account.

Examples: Leavers/New starters in February.

Employee transferred from workplace A to workplace B at 5th February 2017.

 His workdays in A = 4 days

His workdays in B = 24 days (28-4).

Premium paid days will be: 28 days.

Employee will lose 2 premium paid days.

As a result it is recommended that companies try to avoid transferring their employees.

2018 Fines for Illegal Employment of Foreigners in Turkey

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International Workforce Law No. 6735, published in Official Gazette numbered 29800 dated 13 August 2016, has replaced the former Work Permit Law No 4817 and introduced many changes as regard to work permit regulations of foreigners as well as new amounts of administrative fines for illegal employment of foreigners and for failure to fulfill the obligation of notification.

 Administrative fines arranged in Article 23 of the new Law are increased 14,47%, in parallel with the revaluations rate determined for the new year. You can find the previous and current amounts in the table below.

SSI Administrative Fines for 2018

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Administrative fines to be applied by the Social Security Institution are increased in 2018 in parallel to minimum wage hike. Amounts of the fines for the violations specified article 102 of Social Insurance and General Health Insurance Law No. 5510 are as follows.

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