Legal News

State Of Emergency and Its Potential Effect on Business and Labor Relation

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The cabinet decree regarding declaration of state of emergency for ninety days has been approved by the Grand National Assembly of Turkey and it is in effect as of 21 July 2016, 01.00 hour.

The state of emergency gives the government enhanced powers for at least three months, and financial, material and labor obligations may be imposed on citizens within this period.

As far as business world and labor relations are concerned, dismissal of employees may be postponed according to the State of Emergency Law No. 2935, Article 11/n, which reads as follow;

Withholding Tax Return And SSI Declaration Will Be Combined

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withholding-tax-return-and-ssi-declaration-will-be-combinedIncome tax of employees withheld from their earnings by employer and the SSI premium contributions will be combined in a single form and submitted online to tax offices.

In current  practice, withholding tax returns and SSI E-declarations are declared online in two separate forms  to the tax offices and SSI respectively, a new draft  in the Parliament's related committee proposes that these two are to be combined under the name of "Withholding Tax and Monthly Premium  Service Document and submitted only to the tax offices

New Law For Employement Of Foreigners In Turkey - Part Two

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new-law-for-employement-of-foreigners-in-turkey-part-twoThe Law on The Work Permit for Foreigners No. 4817, which has been in effect since 2003 will be abrogated and subsided by "LAW ON INTERNATIONAL WORKFORCE” in the oncoming weeks.

We have already discussed some main points of the amendments in the Part Two of our article issued in our web side. The new draft also foresees many amendments on; Temporary and Permanent Working Permissions, Exceptional Work Permissions, Foreigners that may be given Independent Working Permission.

New Law For Employement Of Foreigners In Turkey - Part One

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new-law-for-employement-of-foreigners-in-turkey-part-oneThe long standing "Law on The Work Permit for Foreigners No. 4817," which has been in effect since 2003 will be abrogated and subsided by "LAW ON INTERNATIONAL WORKFORCE" that is submitted to the Parliament's related commission and expected to pass into law soon.

Turkey aims to attract qualified foreign professionals and investors by a the above said new draft law providing easier work permit application and simplified granting procedures, and also to centralize the work permit transactions in single body in order to eliminate  the complex bureaucracy.

How Many Leave Days In The Feast Of Ramadan

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In many occasion it depends on whether you are employed in public or private sectors.

In this year's Ramadan Feast, public employees will have 5 days holiday uninterruptedly between 4th and 8th July, and many of the public institutions and agencies including SSI departments and tax offices will be closed during this period.

As a rule, and according toprinciple of equal treatment which is set forth in many legislation there cannot be any discrimination between employees concerning their public holiday, howeverespecially in the case of long lasting holidays such as Feast of Ramadan (3,5 days) and Feast of Sacrifice (4,5 days) public sector employees may enjoy longer leave days by being allowed administrative leaves.

2016 Ramadan Feast starts on Monday (13.00 00 o’clock) 4th and ends onThursday 7th of July, and public employees in state institutions and organizations will be deemed on administrative leave on Monday (half) 4th and on Friday 8th.Only very limited number of personnel will be on duty for emergencies.

How to Calculate the Annual Leave Periods Of Part-Time Workers

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Part-time workers cannot be treated discriminatingly concerning their annual leave. In short, how many days a part time employee works in a week don't matters, he can use his annual leave as if he worked in all days of the week.

Annual leave entitlement of employees working under a part-time or work-on-call employment contract is a highly controversial issue and we are receiving so many questions on this subject. We will try to clarify the matter with examples in the light of the "Regulation on the Paid Annual Leave".

Pursuant to Article 13 of Regulation on Paid Annual Leave; employees working under a part-time or work-on-call employment contracts must not be subjected to differential treatment, and benefit from the same rights as the full time employees do.

Such employees, as far as the contracts are continuing, can use their yearly entitled annual leaves by not working in the workdays of following yearwhich coincide whit the periods of leave.

Turkey Severance Pay System Takes Shape

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Severance payment will be made through a Fund that will be established for each individual employee, and all employees who even left the work by their own wish (resignation) or are dismissed for just cause, and whatever their length of service, will be able to receive their severance pay from their individual severance pay account.

According to the report of newspaper Dünya, the main point of Government's long-awaited severance pay reform became clearer, and a draft law intended to reconstruct the current system substantiallywill be submitted to Parliament.

Personal Use Of Corporate E-Mail Can Be A Reason Of Dismissal

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An employee can be fired for using corporate e-mail for personal purposes at work.

Corporate (or work) e-mail is an e-mail address owned by the company and assigned to you for professional activities. In case of using this address for the personal correspondencewithin working hours, employer may terminate the labor contract with just cause without waiting for the notice period and paying any severance.

According to a recent ruling of Turkish Constitutional Court; employer has the right to monitor every electronic mails send to or from company’s e mail address and that would not constitute a violation of right of privacy or violation of communication confidentiality. Also, termination of employment contract in such a case is found appropriate by the Court.

The ruling comes after the individual appeals of two employees, who are fired for personal use of company’s email address between their personal correspondences during working hours, and claimed that their right of privacy and confidentiality of communication are violated. But the claim declined by the Court.

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