Business in Turkey

Can Foreign National Employees Benefit From Minimum Living Allowance?

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minimum living articleIt is a frequently asked question whether the "Minimum Living Allowance (MLA/AGİ) applies to foreigners working against wage in Turkish companies". The answer is yes.

According to Income Tax Law No. 193, minimum living allowance is applied on the taxation of wages with the "actual method of taxation."

If the foreign employee in your company's payroll is "settled" in Turkey, he is deemed as a "full liability tax-payer" and will benefit from the MLA.

But firstly we should clear the above judicial definitions.

Bad Faith Compensation In Turkish Labor Law

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bad-faith-compensation-in-turkish-labor-lawIn case an open-ended employment contract of a worker who is outside the scope of job security terminated by the employer in bad faith, the worker will be entitled to file a lawsuit demanding compensation, which is three times the worker's salary for the notice period.

In Turkish Labor Law No. 4857 employees have different kinds of rights concerning compensation arisen from termination of their employment contract. The main distinction is between the workers in and out of the scope of job security. While the ones in the scope of security have the right to file a reemployment lawsuit in case of their contracts terminated without a valid reason, the others may demand bad faith compensation in the event of being dismissed by employer's abusive exercise of the right to terminate the contract.

In this article, after given a brief explanation about job security, we will discuss the bad faith compensation of employees who are out of the scope of job security.

Maternity Leave In Turkey

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maternity-leave-in-turkeyThe rights related to childbirth and adoptions, which are arranged in Labor Law No. 4857 has undergone significant changes in 2016 and new types of rights and leaves are introduced for mothers, parents and adopter of a child.

As we are getting so many questions about the application of these newly introduced arrangements, we will approach the matter holistically and try to clear any uncertainties in this article.

Types Of Work Permits

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types-of-work-permitsTypes of work permits are specified in Article 10 of "International Workforce Law No. 6735", which is in effect as of 13 August 2016.

Temporary Work Permit

  • Foreigners will be granted upmost one year work permit on their first application provided that the permit's duration is not exceeding their employment or service contract periods, and that they are employed for a certain job in a certain workplace owned by real person or legal entity, or public institution and public enterprise, or in the workplaces belong to these employers in the same sector.
  • Foreigner serving under same employer will be given upmost two years extension on the first application and maximum three years for the ensuing applications. However, applications lodged for employment under different employer shall be assessed as the first application.

Turkey's Turquoise Card

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turkey-s-turquoise-cardTurquoise Card, a similar version of American "green card," will be given to foreigners whose qualifications, capacity and in-country activities are expected to make significant contribution to national economy, science and technology, investments and employment.

International Workforce Law No. 6735, one of  the main aim of which attracting the qualified foreigners, and  is in force as of 13 August 2016, introduced  a new type of work (or employment) permit, a certificate called " Turquoise Card"  that may grants eligible foreigners  to work permanently in Turkey.

For being qualified for permanent Turquoise Card foreigners should be found satisfying the conditions determined by the Ministry of Labor and Social Security within three years of transition period.

Responsibilities Of Employer

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responsibilities-of-employer

Healthy labor relations in business word depend on the behavior of both the employer and employees. Duties, responsibilities and liabilities of the parties are laid down in many laws and regulation to ensure the labor peace.

In today’s article we want to touch employer’s responsibilities and obligations in which specified in various acts such as Occupational Health and Safety Law N. 6331, Labor Law N. 4857, Social Security and General Health Insurance Law N. 5510 and Law on Protection of Personal Data N. 6698.

Annual Leave From the Point Of Employer

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annual-leave-from-the-point-of-employerWe have, as we do every year, already refreshed our readers' and customers' knowledge on the "annual leave" which becomes the most important issue in labor relations during the holiday season of summer.  Our write-offs and marketing bulletins contains the general information on annual leave can be reached from the links stated at the end of the article, but today we want to touch some more specific points such as the employers' mandate, responsibility  and limitation on the matter.

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