Legal News

The Process Required For Work Permit Applications In Turkey

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The Process Required For Work Permit Applications In Turkey	Documents Required From The Company For Work Permit

-Original signed and countersigned business contract between the employer and the employee

-SSK report referring to the latest month, stating the numbers and names of Turkish and foreign employees working in the company.

-Balance sheet or original income scheme approved by tax office of the company or by chartered accountant

-Original or a copy of Trade Registry Gazette approved by your company, designating the capital and shareholding structure of the company

-Contract between your company and the Company that the foreign employee will work for (If the employee will be employed under a third party)

- Petition addressing to the ministry stating the demand for the work permit of the employees.

Amendment in Income Tax Law

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Amendment in Income Tax Law It was expected that the rate of 35% in the income tax for the waged workers would be cancelled by the constitutional court and then a new constitutional arrangement would be made. 6009 no INCOME TAX LAW AND LAW ON MAKING AMENDMENTS IN DELEGATED DELEGATIONS AND SOME LAWS containing the arrangement was published in the Official Gazette dated 01.08.2010 and numbered 27659. With the law, for the income tax deductions of the waged workers, the beginning figure of 35% bracket was resolved as 76.200 as date of 01.01.2010. Accordingly, in case surplus tax is paid in previous months because of KGVM figures between 50.000 and 76.200, the paid surplus taxes will be set off in the following withholding tax returns. 

Working Foreigners : Types of Work Permits

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Working Foreigners : Types of Work Permits	Temporary Work Permits

Unless stipulated by bilateral or multilateral agreements to which Turkey is party, temporary work permits are issued by the Labor Ministry for the duration of up to one year. In doing so, the ministry considers the overall situation of the labor market, developments in the work environment, conjectural economic changes in employment, the validation period of the foreigner's residence permit and the duration of the work in question.

Following the maximum one year of employment, this type of permit may be extended upon request to three years, with the condition of employment in the same profession and by the same employer; and following the completion of three-year period, it may once again be extended to six years with the condition of employment in the same profession (the employer may be different this time).

Facts for Employers To Set Up A Company In Turkey

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Facts for Employers To Set Up A Company In Turkey	COMPANY DETAILS

Employers

Employers must set up a legal entity if they wish to employ staff. This could be either a branch company or a subsidiary company established in Turkey.

Setting up Bank Accounts

Necessary documents for bank account set up:

-   Official  Publication  including  company  registration  details  (Articles  of Association)

-    Tax number

-    Signature Circulars of the authorized executives or shareholders

-    Notary stamped copies of ID's of authorized person

ID Number Assignment For Foreigners And Tax Identification Number

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ID Number Assignment For Foreigners And Tax Identification Number	On the Tax Identification Number General Notice with serial no 4 published on the official gazette number 27588 dated May 22, 2010, it was set forth that foreigners who meet certain conditions are entitled to use tax identification numbers. As per article 8 of the Population Service Law 5490; " (1) Foreigners who obtain a minimum six months residence permit for any purpose in Turkey are registered in the foreigners' registry by the General Directorate. The foreigners who are registered in this registry are obliged to inform the registration offices of all their matters regarding census matters. Diplomatic mission members are exempt from this application..."

As per article 69 of the same law;"(1) The legislations regarding the application of this law are prepared within 180 days by the Ministry and is put into effect by the cabinet council.

Essential Facts About Turkish Labor For Expats Working In Turkey

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Essential Facts About Turkish Labor For Expats Working In Turkey	WORK HOURS

The working week for employees is 45 hours. This total is spread over a six-day week so as not to exceed seven and a half hours per day.

MINIMUM WAGE

The minimum wage as of 01st January - 30th  June 2010 is:

TL Gross: 729,00      TL Net: 576,57  for employees over 16

TL Gross: 621,00      TL Net: 499,25  for employees under 16

The minimum wage as of 07st July - 31th  December 2010 is:

TL Gross: 760,50      TL Net: 599,12   for employees over 16

Current Status In The Matter Of Incurring Debt For Maternity

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Current Status In The Matter Of Incurring Debt For Maternity	Ramazan Çanakkaleli

The matter of incurring debt for maternity which is frequently discussed nowadays has been set forth by Social Security Institution under the law no.5510 first and afterwards a circular and a communiqué have been issued to define the enforcement of the said law. The circular and the communiqué have brought additional conditions to the terms and conditions set forth in the law. The respective legal status has been rejected by the Supreme Court lastly.

Applicable legislation with respect to incurring debt for maternity

Currently, an insured woman under 4-a category (social insurant employee affiliated to Social Security Insurance with the former name) entitled to unpaid birth leave and maternity leave periods may incur debt for twice only with respect to the requested periods provided that such period not exceeding two years following the date of birth and only if she doesn't work at her working place pursuant to her employment contract and the baby is alive.

Should an employee, winning the reemployment lawsuit, be declared to SGK (Social Security Ins.)?

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Should an employee, winning the reemployment lawsuit, be declared to SGK (Social Security Ins.)?	İbrahim Işıklı

There are problems, especially, while declaring an employee, winning the reemployment lawsuit, to Social Security Institution (SGK). If the court has already decided to reemploy the employee, following issues would be matters of debate:

· Unless the employee applies for a job within 10 days, cancellation would be taken into account as an acceptable cancellation,

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