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22April2020

The Monthly Social Security Premium Service Declaration of March 2020 Has Been Extended Until 27.4.2020

Due to the announced curfew which will be applicable on 24.04.2020 for 31 cities; the monthly social security premium service declaration of March 2020 has been extended until 27.4.2020 all over Türkiye.

The announcement published by SGK is as follows:

"As it is known, the legal submission period of the monthly premium and service document to be issued for 2020 / March expires on Friday 24/4/2020 (the official holiday of 23/4/2020).

However, on 20/4/2020, our President Mr. Recep Tayyip ERDOĞAN announced that the curfew restrictions will be applied in 31 provinces from 00:00 on 23/04/2020 until 00:00 on 26/04/2020 and on Friday 24/4/2020. Also due to the restrictions take to the streets and in order to avoid victimization of workplaces, the submission period of the monthly premium service declaration of March 2020 is extended to 27.04.2020 until 23:29 on all over Türkiye 2020.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation

20April2020

Regulations on Covid-19 and Some Laws Within the Scope of Omnibus Law No. 7244

Law on the Amendment of Some Laws with the Law on Reducing the Effects of New Coronavirus (Covid-19) Epidemic on Economic and Social Life, which includes articles on reducing the effects of Covid-19 epidemic to economic and social life and amendments to be made in some laws have entered into force, having been published in the Official Gazette dated 17.04.2020 and numbered 31102.

Law No. 7244 includes postponing, not taking or restructuring receivables, extending certain periods regulated by law, innovations brought to business life by the Labour Law and other related regulations and many more.

You can find the regulations in the law below:

ARTICLE 1 - Postponement, not taking or restructuring of some receivables

Due to force major caused by the Covid-19 outbreak, it has been ensured that;

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Taxation Law, Code of Obligations, Labor Law, Turkish Commercial Code

20April2020

Binding Corporate Rules

As it is known, the principles of transfer of personal data abroad are regulated in Article 9 of KVKK. According to this regulation, in transfers to countries that are not counted among adequate countries, with a commitment to be signed between the person to whom the transfer will be made and the person who will make the transfer, permission must be obtained from the Board. However, adequate countries have not yet been announced by the Authority and it is likely that it will take time to identify safe countries, as we see from the "Criteria to be Based on Determining Countries with Sufficient Protection" published by the Authority. Since the adequate countries have not yet been announced, although people go for permission from the Board, there are also some difficulties in this process. Considering these difficulties, the Authority announced the Binding Corporate Rules institution and announced the method to facilitate data transfer for multinational group of companies. In this method announced, the process of obtaining permission from the Board will be carried out, as well. However, it should be noted that although a different alternative has been presented by the Authority, the question marks in transferring abroad have still not been eliminated, since the adequate countries have not been announced yet. Besides, as we will explain below, the announcement that the application of the Binding Corporate Rules will be finalized by the Authority in 1 year and this period will likely to be extended for 6-month periods shows that this process will not be short, as well.

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Personal Data Protection Law

16April2020

New Updates for Work Life within the Scope of Covid-19

New measures have been introduced by the Government due to the Covid-19 outbreak.

In this context, the updates published in the Official Gazette dated 16/04/2020 and numbered 31102 are as follows:

Fund Support

Employees who have not benefit from short-term employment and who have been granted unpaid leave within the framework of the temporary article added to the Unemployment Insurance Law numbered 4447 and the temporary tenth article of the Labor Law numbered 4857 and those who have not been able to benefit from unemployment allowance after 15/3/2020, The Fund will be provided with 39.24 Turkish Lira cash support every day, during the prohibition of termination determined under the temporary article 10 of the Labor Law No. 4857, provided that it does not receive any old age pensions.

You can find the related article below:

ARTICLE 7 - The following temporary article has been added to the Unemployment Insurance Law No. 4447, dated 25/8/1999.

"TEMPORARY ARTICLE 24 - Employment contracts were terminated within the scope of Article 51 after 15/3/2020 with the employees who had a work permit at the date of entry into force of this article, and who could not benefit from the short-time work allowance pursuant to the temporary article 10 of the Law No. 4857. According to the other provisions of the Law, the employees who cannot benefit from the unemployment allowance, as long as they do not have a termination pension from any social security institution and do not exceed the period to be terminated in the temporary 10th article of the Law numbered 4857, until the period of their unpaid leave, 39 24 Turkish Lira cash fee support is provided. No deduction can be made from payments made, except stamp tax.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation

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