+90 212 244 9222

30March2020

Regulations Introduced by the Law on the Amendments on Certain Laws No. 7226

Regulations Introduced by the Law on the Amendments on Certain Laws No. 7226

The Law on the Amendment of Some Laws No. 7226, which contains amendments in many laws, including articles on the struggle with Covid-19 outbreak, has entered into force by being published in the Official Gazette dated 26.03.2020 and with repeated number 31080.

Law No. 7226 includes accelerating access to individuals in disasters and emergencies, meeting energy expenditures from the budget, postponing financial liabilities and declarations, compensatory work to be done by the employer, short employment, bounced cheque, unprotested bill, those with loan depts or credit card depts and many more regulations.

You can Find the Regulations in the Law Below

  1. With the Additional 2. article added to the Provincial Administration Law No. 5442; in disaster and emergency situations, limited to people affected by these situations, with the Disaster and Emergency Management Directorate and the relevant governorship; in order to reach 112 callers, the telephone subscriber and location information of these people are shared by the Information Technologies and Communication Authority, limited to the time of call.
  2. With the Additional 13. Article to the Law No. 7269; according to the law numbered 7269, it can be decided by the President that the collection of electricity and/or natural gas consumption costs in the places where natural disasters occur to be delayed up to 1 year and the financing costs regarding the prices of distribution companies that are not collected from the consumer, excluding principal money to be met by the budget of the related Ministry, not to exceed the due amount. The items that will fall within the scope of financing costs are determined by the Regulation.
  3. With the 5th paragraph added to the 75th article of the Income Tax Law, where the definition and scope of the security income take place; in determining the amount of the income obtained from the retirement funds, the payments of which are made in foreign currency, it has been regulated that the exchange rate difference will not be taken into account.
  4. With the paragraph 4 added to the article 6 of the Identity Notification Law No. 1774; it has been regulated that the persons listed in Article 6 can also make their identity reports electronically. In this case, the identity statement shall not be approved by the headman before it is transmitted to the police, after notification, it is shared with the headman by the police.
  5. With the provision added to the 2nd paragraph of the 4th article of the Law No. 2330; of those listed in this article, it has been regulated that those who have been insured for at least 20 years as of the date when their monthly wage is put and those who have paid at least 5000 days disability, old-age and death insurance premiums can also benefit from the old-age pension.
  6. With the amendment made in the 11th article of the Law No. 2521; imprisonment and fines have been regulated on those who manufacture, sell and advertise rifles and pistols listed in the article, without permission or against permission document.
  7. With the Additional Article 19 added to the Mining Law No. 3213; it has been regulated that in cases of force majeure proved and certificated by those concerned, it will be decided by the Ministry to postpone the obligations under this Law and to install financial liabilities. In this case, the timeout and the deprivation periods stop. In addition, the Ministry is authorized to declare force majeure in a region and to identify those who cannot fulfill their financial obligations during this period.
  8. With the amendment in the Additional 3. article of the Law No. 4447; documentation costs and exam fees of those who are successful in proficiency exams will be covered by the fund until 31.12.2021, for the professions stated in the communiqués to be issued by the Ministry, which are regarded as dangerous and very dangerous.
  9. With the article added to the Unemployment Insurance Law numbered 4447; the provisions regarding the Additional Article 6 of Law No. 4447 and Tradesmen Fund of the Social Insurance and General Health Insurance Law No. 5510 will not be applied until 01.01.2021.
  10. With the provision added to the 5th article of the Law No. 4632; contribution to the private pension system in foreign currency can be paid by those without settlement in Turkey who lost their Turkish citizenship by getting permission to leave. With the provision added to the Additional 1. article of the same Law, the President is authorized to reduce the rate up to ten percent for these contribution payments.
  11. With the amendment made in the Provisional 20. article of the Law No. 4749; cash resources to be allocated to credit guarantee institutions and the amount of appropriations to be added to their budgets which is 25 billion Turkish Liras, has been increased to 50 Billion Turkish Liras.
  12. With the addition made to the 23rd article of the Law No. 5253; members have also been included in the scope of the notification to be made to the associations unit, which is affiliated to the center of association, it has been regulated that the information included in this article of those who are admitted to membership and whose membership has expired will be notified to the associations unit within 45 days. In addition, it is prescribed to make notification within 6 months about those whose membership continues. In the 32nd article of the same Law, sanctions are specified for the managers of the associations who do not make these notifications.
  13. With the Additional Article 2 of Law No. 5253; it has been regulated that all kinds of records and transactions for associations can be made electronically.
  14. With the amendment made in the 4th article of the Law No. 5346; effective use of renewable energy sources, allocation of these areas to investors and the Ministry's powers and actions have been regulated within the scope of rapid realization of investments, in addition the procedures for determining the immovable properties subject to private property as a renewable energy resource area have been regulated.
  15. With the Provisional Article 80 added to the Social Insurance and General Health Insurance Law No. 5510; the amount to be found by multiplying 2.50 TL per day for the January and December period of 2020 will be deducted from the insurance premiums to be paid to the Institution for employers and employees who meet the conditions in this article and this amount will be covered from the unemployment insurance fund. Daily earnings amount based on premium will be taken as 256 TL for private sector employers subject to collective labor agreements.
  16. With the Provisional Article 81 added to the Law No. 5510; of the people listed in the article, those who do not meet the requirement for premium payment days or insurance period without intentional or defective behavior, but those who are placed with monthly payment, the period they receive monthly payment will be considered as the number of days of premium payment, without any premium demand.
  17. With the addition made to the 39th article of the Law No. 7179, those who were born abroad and reside abroad and have permanent residence permit are included in the scope of paid military service in foreign currency.
  18. With the Provisional Article 23 added to the Law No. 4447; the conditions are facilitated to benefit from the short-employment allowance. You can find further information on the subject through our article via this link. In addition, according to the provision, in the period when short-employment is applied, employees cannot be dismissed by the employer except for the rightful termination cases due to the “situations that do not comply with the rules of ethics and goodwill” stated in the 25th article of the Labor Law numbered 4857.
  19. With the Provisional Article 25 added to Law No. 4706; payments periods for rents, final permits, final allocation, right of easement, usage permit, utilization, additional utilization fees and revenue shares and adequate payments to be collected from the tourism facilities certified by the Ministry of Culture and Tourism have been postponed. In addition, no increase or interest will be applied on these receivables.
  20. With the amendment made in Article 64 of the Labor Law No. 4857; the time for the compensatory work held in cases that cannot be worked in cases listed in the article has been increased from 2 months to 4 months. In addition, this period can be doubled by the decision of the president. You can access further information on the subject through our article on the link.
  21. With the Additional Article 19 added to the Law No. 5510; the minimum amount is increased from 1000 to 1500 TL. for pensions paid from disability and old-age insurance and monthly payments made monthly.
  22. With the Provisional Article 2 added to the Law No. 5834; in case of full payment or restructuring of bounced cheques, protested bills, loans and delayed payments of credit card depts by 31/12/2020, amnesty will be effective for the records.
  23. With the Provisional Article 5 added to the Check Law numbered 5941; the execution of the penalties imposed for the bounced cheque crime regulated in Article 5 of this Law has been stopped after the Temporary Article 5 has come into the force. The convict must pay one tenth of the unpaid portion of the cheque price to the creditor within three months from the date of release, otherwise the execution of the penalty continues.
  24. With the amendment made in the 10th paragraph of the 26th article of the Law No. 6356; the amount of the aid fund to be created by the employers' unions has been increased from 25% to 35% of the present cash amount.
  25. With the amendment made in the article 52 of the Law No. 194; the effective date of the accommodation tax which was 1.04.2020, has been postponed to 01.01.2021.
  26. With the Provisional article 1 of this law; within the scope of the Covid-19 outbreak, including litigation, initiation of enforcement proceedings, application, complaint, appeal, warning, notification, submission and timeout periods, deprivation times and mandatory administrative application periods, the periods regarding the birth, use or expiration of a right have been stopped until 30.04.2020.

You can access the text of the Law via this link.

Should you require any additional information, please contact your customer representative.

Written by Şeyma Nur Kaplan, Posted in Social Security Law and Legislation, Taxation Law, Code of Obligations, Labour Law

  • Notification!

    Contents provided on this article serve to informative purpose only. The article is confidential and property of CottGroup® and all of its affiliated legal entities. Quoting any of the contents of this notification without credit being given to the source is strictly prohibited. Regardless of having all the precautions and importance is put in the preparation of this article, CottGroup® and member companies cannot be held liable of the application or interpretation of the information provided. It is strictly advised to consult a professional for the application of the above-mentioned subject. Prior to taking any action in regards the above, please consult your client representative if you are a customer of CottGroup® or consult to a relevant party.

About The Author

Şeyma Nur Kaplan

Legal Consultant Attorney
This website is using cookies.
In this website, we use cookies to develop your user experience, obtain efficient work and track statistical data. You are agreeing to our use of cookies by browsing our website. Please review Çerezler (Cookies) page for detailed information of how we manage the cookies. This choice is valid for 30 days until you delete the cookies in your web browser.
x
Hizmetlerimiz devam ediyor.

Due to the Covid-19 Coronavirus pandemic to secure the health of our employees our business operations are held remotely until further notification. CottGroup® will have its business processes carried out efficiently and smoothly thanks to our BCP plans and strong technological infrastructure. As always, our customers and business partners will be able to reach us via our phones and e-mails.