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30 May 2024

Legal Liability Arising from the Protection of Personal Data

Category KVKK - GDPR

Legal Liability Arising From The Protection Of Personal Data

I. Obligation To Protect Personal Data

Personal data is any information relating to an identified or identifiable natural person. This information may be related to the personal values of the person, his/her assets or the physical and social environment in which he/she lives. Although personal data is not a secret most of the time, real persons, as they are social beings, disclose many of their data to other real and even legal persons with whom they are in contact.

17 May 2024

What is Paternity Leave? How Many Days is Paternity Leave?

Category Work Life

What is Paternity Leave? How Many Days is Paternity Leave?

Paternity leave is a legal right that allows fathers of newborn children to take time off work to spend with their families for a certain period. This leave is crucial for working fathers to support their families and spend time with their babies after birth. Under the Turkish Labor Law, paternity leave is subject to specific rules and durations. In this article, we will answer all the details and questions about paternity leave.

06 May 2024

Processing of Special Categories of Personal Data in Employer and Employee Relations

Category KVKK - GDPR, Work Life

Processing of Special Categories of Personal Data in Employer and Employee Relations

Law No. 6698 on the Personal Data Protection ("Law") stipulates its purpose in Article 1 titled "Purpose" as follows: “The purpose of this Law is to protect fundamental rights and freedoms of persons, particularly the right to privacy, with respect to processing of personal data and to set forth obligations, principles and procedures which shall be binding upon natural or legal persons who process personal data.” This provision regulates how personal data will be processed. Personal data is defined as "any information relating to an identified or identifiable natural person" in subparagraph d of Article 3 of the Law. Personal data are divided into special and general categories. In Article 6 of the Law titled "Conditions for processing of Special categories of personal data", special categories of personal data are defined as follows: "Personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, religious sect or other belief, appearance, membership to associations, foundations or trade-unions, data concerning health, sexual life, criminal convictions and security measures, and the biometric and genetic data are deemed to be special categories of personal data."

18 April 2024

What is Voluntary Insurance? What are the Conditions for Voluntary Insurance?

Category Work Life

What is Voluntary Insurance? What are the Conditions for Voluntary Insurance?

Voluntary insurance is a type of insurance that allows individuals to pay premiums voluntarily to the Social Security Institution (SSI) in order to benefit from basic social security rights such as retirement, disability, and death. Defined within the framework of Law No. 5510 in Türkiye, this system offers significant security for the future, especially for those not covered by social security.

16 April 2024

Core Elements of Employment Contracts: The Basis of Employment Relationships in Türkiye

Category Work Life

Core Elements of Employment Contracts: The Basis of Employment Relationships in Türkiye

Employment contracts in Türkiye are governed not only by the Labor Law but are also influenced by various other legislative frameworks. This comprehensive approach ensures robustness and thoroughness in employment legalities, safeguarding both employer and employee interests.

05 April 2024

Cancellation of Employment Contract Due to Absenteeism in the Light of Supreme Court Decisions

Category Work Life

Cancellation of Employment Contract Due to Absenteeism in The Light of Supreme Court Decisions

The Labour Law (“Law”) stipulates the circumstances in which immediate termination for just cause may be applied for both the employee and the employer. The cases where the employer may terminate the employment contract immediately for just cause are listed in Article 25 of the Labour Law. In this provision titled "Employer's rightful immediate termination for just cause", termination of the employment contract due to absenteeism is also regulated. Article 2 of the Law includes the phrase "For immoral, dishonorable or malicious conduct or other similar behavior" and lists these situations in the following. Subparagraph g of the paragraph reads as follows: "The employee's absence from work for two consecutive working days or twice in a month on the working day after any holiday, or three working days in a month, without permission from the employer or without a justified reason." and thus recognizes the right of immediate termination for just cause in the event of unexcused absenteeism of the employee. Accordingly, the employee must have failed to fulfil this obligation on a day on which employee is obliged to work. Absenteeism should not be based on situations such as taking leave from the employer or being on report. In the decision of the 7th Civil Chamber of the Supreme Court with file no 2013/21856 and decision no 2014/4456;

04 April 2024

Protection of Personal Data in Election Activities

Category KVKK - GDPR

Protection Of Personal Data in Election Activities

Elections are one of the important elements of healthy and well-functioning democracies in terms of the exercise of political rights and the direct and/or indirect participation of citizens in the administration.

Today, elections are of great importance for the healthy functioning of democratic processes and public participation. However, it is of great importance to be careful about the protection of personal data and to take the necessary precautions during the activities. The protection of personal data should be considered as an essential element of democratic processes.

01 April 2024

Payroll and Wage Slips Role and Legal Nature in Employment Relations

Category Work Life

Payroll and Wage Slip's Role and Legal Nature in Employment Relations

Whether you're on the employer's or the employee's side, one term you'll frequently encounter in the working life is "payroll". Its commonality stems from its frequent practical appearance and the legal importance attributed to it. Payroll is often confused with wage slips and they are usually used together. In our study, we will examine the legal basis of payroll and wage slips, the mandatory elements they must contain, their similarities and differences, as well as their place in labor litigation.

29 March 2024

Solution Proposal for a 9-Day Holiday: Compensation Work Application

Category Work Life

Solution Proposal for a 9-Day Holiday: Compensation Work Application

As known, in Article 47 of the Labor Law No. 4857, it is regulated that employees working in workplaces covered by the Law, if they do not work on days recognized as national holidays and general holiday days by laws, will be paid the full wages of that day without any work in return; if they work without taking a holiday, they will be paid an additional day's wage for each day worked. Accordingly, employees will receive full payment for the days they choose not to work and instead take holidays on national and general holiday days.

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