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19 July 2024

What is Unpaid Leave? What are the Conditions for Unpaid Leave?

Category Work Life

What is Unpaid Leave? What are the Conditions for Unpaid Leave?

What is Unpaid Leave?

In the dynamic structure of working life, employees may need to take unpaid leave for various reasons. Unpaid leave means that the employee stays away from work without receiving a salary for a certain period while the employment contract continues. During this period, the employee does not have the obligation to perform work, and the employer does not have the obligation to pay a salary.

16 July 2024

Consent of the Consumer in Processing Personal Data

Category KVKK - GDPR

Consent of the Consumer in Processing Personal Data

1. Introduction

The intersection of personal data protection law with various legal fields is evident. Any interference with personal data is generally considered illegal. According to our Constitution, the primary exception for processing personal data is the explicit consent of the individual. The Law on the Protection of Personal Data No. 6698 (KVKK) provides a framework for explicit consent without considering the personal characteristics of the data subject. If the data subject is a consumer, the general principles of consumer law and protective provisions established by other laws apply directly. The "power imbalance" between the data controller and the consumer must be considered, and an appropriate approach must be adopted. This article will discuss the explicit consents obtained from consumers by data controllers and the validity conditions of such consent.

28 June 2024

What is Severance Payment? How is Severance Payment Calculated?

Category Work Life

What is Severance Payment? How is Severance Payment Calculated?

What is Severance Payment?

Severance payment is an important type of compensation provided to protect the job security and economic rights of employees. This compensation, calculated based on the employee's length of service, is given when the employment contract between the employee and the employer is terminated under certain conditions. It is regarded as a reward for the employee's years of service and plays a critical role in ensuring the employee's financial security for the future. In this article, we will discuss what severance payment is, under what conditions it is granted, and how it is calculated according to the Labor Law No. 4857.

04 June 2024

Assessment of Tipping Practices at the Workplace from the Perspective of Labor and Social Security Law

Category Work Life

Assessment of Tipping Practices at the Workplace from the Perspective of Labor and Social Security Law

What is a Tip?

A tip is an additional payment made to an employee, particularly in workplaces such as hotels and restaurants, as an expression of satisfaction with the service provided, beyond the service charge.

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.

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