Legal News

Circular regulating the procedures and principles on Restructuring Some Public Receivables under Law No. 6552 is published in the Official Gazette

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Estimated reading time: 3 min.

circular-regulating-the-procedures-and-principles-on-restructuring-some-public-receivables-under-law-no-6552-is-published-in-the-official-gazetteCommunique on the procedures and principles on Restructuring Some Public Receivables under Law No. 6552, for which millions of taxpayers have been waiting, is published in the Official Gazette. Taxpayers who want to benefit from the restructuring should apply to the institution that they are in debt to by the end of business day on December 1, 2014.

The General Communique of the Ministry of Finance on Restructuring Some Receivables under Law No. 6552 is published in the Official Gazette. With the aforementioned communique, procedures and principles regarding the application of the relevant articles of  Law No. 6552 are established. For any receivable to be restructured under article No. 73 of Law No. 6552, the receivable should be definite and unpaid, and it should be due before or undue as of September 11, 2014, in which the law is published as per the communique which includes the regulations on cancellation of some public receivables that are followed by the collection services under the Ministry along with the restructuring of some receivables of metropolitan municipalities' water and sewerage administrations and municipalities and some public receivables under Law No. 6183 being followed by the collection services under Ministry of Finance.

Expected Circular on Restructuring of SGK (Social Security Institution) Receivables is Published

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Estimated reading time: 4 min.

expected-circular-on-restructuring-of-sgk-social-security-institution-receivables-is-publishedAs is known Bag Law, in other words, the Law on Amending the Labor Act No. 6552 and Some Laws and Statutory Decrees and Restructuring Some Receivables dated September 10, 2014, was published in the Official Gazette no. 29116 (Repeated) dated September 11, 2014, and became effective.

As per article No. 81 of the aforementioned law, provisional article No. 60 was added to Social Securities and General Health Insurance Law No. 5510 and regarding the provisional article in question which entered into force as of September 11, 2014;

New Regulations in Social Security Institution Administrative Fines

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new-regulations-in-social-security-institution-administrative-finesLaw on Amending the Labor Act No. 6552 and Some Laws and Statutory Decrees and Restructuring Some Receivables, publicly known as "Bag Law", is published and entered into force on September 11, 2014.

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.

A New Period in Insuring Foreigners begins with Bag Law

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Estimated reading time: 2 min.

a-new-period-in-insuring-foreigners-begins-with-bag-lawOne 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

Maternal Leave Process in Turkey

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maternal-leave-process-in-turkeyOVERVIEW

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).

Turkish Labor Act 1475-Article 14: Severance Pay

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Turkish Labor Act 1475-Article 14: Severance Pay	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

Problems in Application of Shorter Working Time and Its Pay

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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...

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