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Legislation - CottGroup Holistic Business Services

02July2021

Short-Term Employment, Pandemic Unpaid Leave, Cash Wage Support & Termination Ban Ended

Short-term employment, unpaid pandemic leave, cash wage support & termination ban measures ended on June 30, 2021.

The employees subject to these measures would need to start their regular working schedules as of 1 July 2021.

Also, the support payments paid by the employers to the employees during the period of short-term employment or pandemic unpaid leave would be subject to social security premiums and income taxes.

You can view the details of the social security premium and income tax arrangements of these kinds of support payments via that link.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation

22June2021

The Occupational Code and Name Changes

Social Security Institution has published a General Letter on 17.06.2021 regarding "The Process About the Occupational Code and Name Changes."

The statements on the SSI General Letter are as below:

a) The administrative fines would be applicable as of the merged Income Tax and Social Security Premium Declaration effective date.

b) If an employee applies for an occupational code and name change to the authorities, there will be no administrative fine for that process.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation

17June2021

Employee Registration Procedures During Construction License Application

Social Security Institution has published Circular No. 2021/11 to provide details about the employee registration process during the construction license application.

Per the SSI Circular, the related processes have been completed for the employee registration procedures during the application period of construction certifications for the workplaces where automatic registrations are made by governorships, municipalities, and other public and private legal entities, which are authorized to issue licenses.

Accordingly, for the construction license applications by the employers, if the related data of the employees who will work on that construction is provided to the legal Institution which is in charge with license applications and if that Institution transfers these data to the Social Security Institution via the online portal, the registration procedures would be done automatically, and it would be no required to submit an employee hire form again.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation

16June2021

Employer's Obligation in Case of Death of the Employee

In case of the death of an employee, there are some payment obligations of the employers due to Labor Law No. 1475, Article 14, and the Turkish Code of Obligations No. 6098.

In case of the employee's death, all salaries, benefits in kind, and private life insurance guarantees would need to be paid to the employee's legal heir.

In addition, the following payments would also be applicable in case of the death of an employee:

1. Severance Payment

Per the 14th Article of Labor Law No. 1475, in case of the termination of an employment contract upon the employee's death, the severance payment equal to a 30-day salary should be paid to the employee for each full year that has passed during the period of the service/employment contract as of the starting date of the employment. For periods exceeding one year, the payment should also be made based on the same proportion.

Also, in case of the employee's death, the severance payment per the above statements should be paid to the legal heirs of the employee.

According to these statements, if the employee has completed 1 year, it is an obligation to pay severance pay to their legal heirs.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation, Taxation Law

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