Legal News

Turkey's New Private Pension System Is On The Way

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turkey-s-new-private-pension-system-is-on-the-wayVoluntary private pension system is about to be replaced by a mandatory private pension scheme, which stipulates that, every wage-earner Turkish citizens under 45 years of age will be automatically enrolled in a pension plan determined by employers.

A long-awaited "Draft Amending the Law on Individual Pension Savings and Investment System" which is being discussed in Parliament's Plan and Budget Commission and expected to be in force soon, aims to improve the welfare level of employees by providing a supplementary income during retirement, and to increase the domestic savings crucial for preventing the fragility of Turkish economy.

Public Receivables Will Be Restructed In Turkey

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Many of the unpaid debts and administrative penalties, accrued before 30 June 2016, related to taxes and tax penalties, customs duties, and public receivables such as social security premiums, group insurance premium, unemployment premiums, social security support contribution, general health insurance, as well as any kind of subsidiary public receivables such as interest, penalties, late fee or default interests applied to them will be restructured.

According to Government Bill of Law on Restructuring Some Receivables accepted in Parliament 3 August 2016, debtors will only pay the principal debts; and accessory receivables such as delay penalty and default interest related to these principal receivables will not be collected.

Instead of above mentioned accessory receivables, the amount to be calculated on the basis of the monthly change ratio of Domestic Producer Price Index (Domestic PPI) will be paid within the determined time and way.

No Fines For Not Hiring Workplace Doctor Until End Of The Year

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no-fines-for-not-hiring-workplace-doctor-until-end-of-the-yearThe obligation as regard to employing occupational safety specialist and workplace doctor (occupational physician) came into effect as of July 1, 2016, however no administrative fines will be imposed for violation of these obligation until the end of 2016, as Labor and Social Security Minister  Soylu announced in a press conference.

Many of the provisions set forth in the "LAW ON OCCUPATIONAL HEALTH AND SAFETY NO. 6331" had entered into force as of December 30, 2012 for workplaces with 50 or more personnel which engage in heavy duty and hazardous operations, but the effective dates of article 6 and 7 that include the obligation of appointing or hiring occupational safety specialist and workplace doctor for every private establishments (including establishments with less than 50 personnel and/or in the scope of less hazard class) had been postponed to July 1, 2016 and now these articles is in effect.

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.

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