Legal News

Meal Allowance and Benefits in the Month of Ramadan

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meal allowance and benefits in the month of ramadanAs Ramadan (18th June  2015 – 16 th July 2015), the month of fasting for Muslims is approaching,  we would like to touch briefly on the subject of allowances and benefits, whether cash or in kind, provided for fasting employees during this special month.  

Though not all of the employees are fasting, many companies close their dining halls in their premises and prefer to provide meal cash allowance, or basic food items (such as milk, yogurt, oil, flour, sugar, macaroni, cheese, tomato sauce) for fasting employees, and meal vouchers, checks or tickets for non-fasting to have lunch out of the premises. However these allowances, cash or in kind are deemed as a part of the wage, we had better to examine them with respect to income tax and social security premium liability.

First to keep in mind, as per the Turkish Constitution and Article 5 of Labor Law there can be no discrimination amongst people or employees based on religion and sect etc. So the below regulations will apply in a way not causing any inequality between fasting and non-fasting employees.

New Types of Parental Leave in Turkish Labor Law

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new types of parental levae in turkish labor lawStandards of labor legislation in Turkey, a candidate country for EU membership, has been taken a step further to approach the legal norms that regulates the employees' rights in European countries, by the enactment of Law No. 6645 adopted in Parliament and published in the Official Journal, dated 23rd April 2015.

One of the notable change brought by the said Law is the new types of paid leave - leave of absence with pay, or paid time off work - introduced into Labor Law No. 4857. New concepts of leave concerning working parents are as follows;
Adoption Leave; in case of adoption of a child the adoptive employee is entitled to three days of paid time off work;
Paternity leave: employee whose spouse has given birth is entitled to five days leave of absence with pay;
Shared Parental Leave for disabled child; employed parents whose child has at least seventy percent disability or chronic disease based on medical report, shall be allowed to take up to 10 days of paid time off work in a year for attending the treatment of the child; on condition that leave may be taken only one of the parents and without interruption or with segments.

Amendment on Permanent Work Permits

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amendment-on-permanent-work-permitsAs is known there are various types of working permissions set out in  Law on the Work Permit for Foreigners, No. 4817. One of them is working permission for an indefinite period of time, and that may also be called "permanent work permit".

Law No. 4817, Article 6 which is titled "Working permission for an indefinite period of time" and stipulates the requirements for entitlement of permanent work permit is amended by Article 22 of Act No. 6552, Law on Amending the Labor Act and Some Laws and Statutory Decrees and Restructuring Some Receivables, also known as Bag Law. New wording of said Article 6 after amendment is as follows:

Half Time Working Pay after Childbirth for Working Mothers

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kadin-calisanlara-dogum-sonrasi-yarim-calisma-odenegi-verilecekDraft on Amending  Some Laws and Statutory Decrees For Protection of  Family and Dynamic Structure of Population is submitted to Presidency of TBMM (Grand National Assembly Of Turkey).

Many changes are expected in working life by the enactment of the above mentioned draft. New additional benefits will be granted to mother employees enabling them work half time up to a certain period after the expire of their paid maternity leave. And they will be compensated for the lost half rate by receiving half time pay  from the Unemployment Insurance Fund. Insurance premiums and wages corresponding to hours worked will be paid by employer and insurance premiums and wages (the amount of %80 percent of daily gross minimum wage for per day) corresponding to hours not worked will be paid by the Fund.

Revisions on the Work Permits for Foreigners

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yabancilarin-calisma-izinlerinde-degisiklikAs is known, detailed regulations on the work of foreigners in Turkey are included in Application Regulations of Law On The Work Permit For Foreigners which is published in the Official Gazette no. 25214 dated 29/8/2003.

The amendments made to Article 55 of Application Regulations of Law On The Work Permit For Foreigners which is published in the Official Gazette  no. 25214  dated 29/8/2003 are as follows;

Occupational Safety & Employer's Liability

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is-sagligi-ve-güvenliginde-isverenlerin-idari-ve-cezai-sorumluluklariAs industrial accidents became a current issue in the country, we found it important to remind the duties of employer related to occupational health and safety, because failing to carry out these duties might cause Employer being liable to serious administrative and criminal sanctions.

We had also published an article on amendments to Workers' Obligations as a legal news in our site of February 2015.

Employee Who Violates the Rules of Occupational Safety Might Be Dismissed Without Compensation

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employee-who-violates-the-rules-of-occupational-safety-might-be-dismissed-without-compensationGradually increasing unfortunate industrial accidents have made the safety of workplaces a current issue in the country, and important changes under way in the field of Occupational Health and Safety.

The Draft on "Amending the Occupational Health and Safety Law No. 6331"  had been submitted to Grand National Assembly of Turkey after discussions in the parliamentary committee on September 2014, and is expected to come into force in the upcoming days. The high point of the Draft is provisions aimed to ensure workers' complete abidance to their obligations laid down in the above mentioned Law No. 6331

Turkey Opens Doors for Qualified Foreigners

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turkey-opens-doors-for-qualified-foreignersTurkey is taking steps to attract qualified foreign professionals and investors by a new draft providing easier work permit application and granting procedures.

The Draft On The Employment of Foreigners regulating;

  • the determination, application and following of relevant policies,
  • the procedures and principles related to work permits and exemptions granted to foreigners,
  • the responsibilities  and authority,
  • the rights and obligations in the field of employment of foreigners

has been submitted to Presidency of Grand National Assembly of Turkey (TBMM).

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