Bag Law made important amendments in many fields from labor law and tax law to social security and occupational health and safety. We will continue to share these amendments via our reports in detail in the upcoming days.
Estimated reading time: 2 min.
One of the problems encountered in working life is the great number of amendments made to Legal Legislation. Working life becomes quite complex and hard to follow due to issues such as the amendment of articles in the law with the regulation and rearranging of amended articles with a circular or another law to be introduced. In this article, we will discuss the amendment of the article of Law No. 5510 which has been amended with the new legislation published in the Gazette, No. 28742 of 21.08.2013 by recently introduced Law No. 6552 publicly known as Bag Law.
According to Article 10 Paragraph (d) of the Regulation on Social Security Procedures and Article 6/(e) of Social Securities and General Health Insurance Law No. 5510 along with the "Amending the Regulation on Social Security Procedures" published in the Official Gazette No. 28742 of 21.08.2013
Employers have a number of obligations before and following delivery in case of pregnancy of their employees.
In general, it is essential that pregnant employees are given leave for 8 weeks (56 days) both before and after delivery making 112 days in total. Since pregnant employees shall be paid disability allowance (maternity pay) during that period, employers are not bound to make payment. Employers, however, may continue to make payment based on their own discretion.
For multiple pregnancy, the leave to be granted before delivery shall be 10 weeks (70 days).
After new Labor Act no. 4857 came into force, all the articles of the former Labor Act no. 1475 were abolished. However, article 14 of Labor Act no. 1475, which regulates severance pay, is still valid. Although the creation of a severance pay fund is foreseen through a transitional article 6, as of July 2010 no severance pay fund has been enacted.
Article 14 of the Former Labor Act no. 1475
Labor Act No. : 1475
Enactment Date : 25/8/1971
Published in the Official Gazette on : 01/09/1971 No: 13943
Code: Serial: 5 Volume: 10 Page : 3102
Shorter working time is defined as temporarily shortening of weekly working time in an establishment by the employer at least at the portion of 1/3 or at least four weeks or temporarily suspending work wholly or partially. Shorter working time shall not exceed in any case three months.
In accordance with Law issued in Official Gazette no 2711 (repeated) dated 18 February 2009, exclusively for shorter working time applications made in 2008-2009, the maximum three months period envisaged for shorter working time can be applied as six months. On demand of the employer, the period can be exceeded to six months for the establishments who have applied for suitability evaluation before the provision was issued...
Minimum wage and wage calculation parameters will change after the date of 01.07.2012.
Parameter values indicated in the table will be valid between 01.07.2012-31.12.2012.
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The resolution of the Council of Ministers no. 28094 and dated 24.10.2011 regarding the redetermination of the duration mentioned under paragraph 1 of article 3 of Law No. 5683 on Stay of Foreigners in Turkey for Residence and Travelling Purposes is published in the Official Gazette. This application will be applicable for foreigners that enter into our country as of 01.02.2012. (You can read the announcement regarding the Resolution of Council of Ministers below.)
The new arrangement will cover all foreigners who visit Turkey for touristic purposes for a short period of time with a visa, visa sticker/stamp visa obtained from foreign representation offices or who benefit from visa exemption but will not amend the visa regimen.
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