Legislation

COTTGROUP

24July2015

THE INSURANCE AND PREMIUM PAYMENT OF HOUSEHOLD EMPLOYEES WORKING FOR LESS THAN 10 DAYS

It is made obligatory to have the daily working household employees insured. In practice it is realized that, problems and difficulties are often experinced, even though the execution of these processes are quite easy and quick. As per the relevant regulation, even for a household employee to work for 1 day, they must be insured.

Daily Household Employee: The definition for individuals, who can perfom the tasks such as cookig, cleaning, washing dishes, laundering, ironing, gardening and shopping, child and eldercare outside the household members.

We would like to present you the easiest method fo this process.

Written by Fırat Oktürk, Posted in Social Security Law and Regulations

21July2015

Disabled Employment

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According to the first item of the Article 30 of Labor Law Number 4857; the private sector employers, who employ fifty or more employees within the borders of same province, are liable to employ disabled personnel at least at a ratio of 3% in positions appropriate for them according to their occupations and physical and mental conditions.

According to the Article 30 of Law Number 4857; in determining the liability to employ disabled personnel and in determining the number of disabled personnel to employ in the case of the existance of such liability;

  • When calculating the number of personnel employed within the same province, all of the employed workers are taken into consideration, regardless of their employement being definite or indefinite term.
  • In case that, some employees amongst the personnel are employed for part time work, the work period of these personnel working with part time contract, are changed into full time period.
  • The sum of number of days that, the part-time workers are paid in the relavant month, is divided by 30 and this amount is added to the number of full-time workers. In case this amount, which is found after being divided by 30, is a fractional number, the fractions upto the half are not considered, but the halves and the fractions above the halves are rounded off to a whole number.

Hence, the number of personnel to be considered in determining the disabled personnel, can be found.

(Formula: number of days of premium payment in e-declaration / 30 = The number of part-time workers converted to full time)

The Personnel, who are not taken into consideration in the calculation.

  1. The personnel employed underwater and underground,
  2. The personnel employed as security officers,
  3. The employed disabled personnel
Private sector employers provide the disabled personnel, whose employment are obligatory, through Turkish Employment Organization. The private sector employers, who employ disabled personnel without the intervention of Turkish Employer Organization (İŞKUR), has to notify the organization of this case and conclude necessary registrations in at maximum 15 days following the date, that the disabled personnel starts working.

The personnel, who are not registered by the Organization, will not be considered in disabled status.

The employers or vice principals, who have not employed any disabled personnel, are fined for every disabled person and for each month, that no disabled person is employed. Penalty fine is 2.095 TL for year 2015.

Written by Fırat Oktürk, Posted in Labour Law

15July2015

ON THE WAY TO E-NOTARY…

cott-group-semsiye

A new feature has been introduced to the steps taken on the way to E-notarization process. The notary transactions will now be able to be made in the electronic environment.

As per the regulation published in the Official Gazette number 29413 on 11th of July 2015, we will be able to conduct notary transactions without any requirement to visit the notary offices. With the regulation to be put into force on 1st of March 2016, following transactions will be able to be concluded with the use of secure electronic signature.

  • Translation Processes
  • Attestations and Certifications
  • Proof Processes
  • Issuing of True-Copies
  • Attestation of Books
  • Written warnings and notices without signature

The transactions, which can be concluded without visiting notary offices, are currently limited as stated above. Nonetheless, many notary transactions will be able to be carried or initiated with secure electronic signature, however in the finalization process the relevant authorized persons will need to be present before the notary public. The validity of the transactions will be ensured through “Secure Electronic Signature”, “Timestamping” and “Registered Electronic Mail”.

By law, “Union of Notaries” is authorized for the establishment and the operation of the system infrastructure. Within the system, features will take place such as the choosing of a specific notary, recording of the transactions on the electronic environment, making payments etc.

You may access the guidelines including the relevant regulation from here. For more information please contact your customer representative or a consultant.

Written by Mükremin Akbulut, Posted in Turkish Commercial Code

10July2015

Income Tax Exempted Child Support

cott-group-semsiye

According to the circular numbered 27998389-010-06-02-6235 released by the General Directorate of Budget and Fiscal Control on 03.07.2015 with the subject ‘Financial and Social Rights’, the coefficients used to calculate the wage of a civil servant have been revised effective 01.07.2015.

The following values have been calculated taking these coefficients into account, and shall be applied for the period between the dates of 01.07.2015-31.12.2015;

  1. Monthly child support to be exempted from income tax is;
    1. For children 0-6 years of age – 41,54.- TL,
    2. For children over 6 years of age – 20,77.- TL.

To access the full circular in which these announcements were made, please click here Please also be advised that the contents of this circular is in Turkish languge

Written by Fırat Oktürk, Posted in Labour Law

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