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03September2013

Changes in Absences Days and Short Term Insurance

Changes in Absences Days Notification of SSI

For companies that have less than 30 employees, missing social security days must be notified to the authority using the related form EK-10 SGK Eksik Gün Bildirimi (Absences Days Notification  of the Social Security Institute) which must be submitted along with supporting documents (Such as unpaid leave forms, sickness reports, etc…). A new change announced in the official gazette on the 21st of August 2013 under the title ‘Sosyal Sigorta İşlemleri Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik’ (Amending the Regulation on Social Security Procedures) has reduced the number of employees for companies that this rule applies to from 30 to 10. According to this change, all companies with less than 10 employees must make monthly notifications to the authority using the related forms and documents mentioned above. Companies with 10 employees and above can provide information related to missing social security days by including it in the Aylık Prim ve Hizmet Bildirgesinde ( Monthly Declaration of Premium and Service).

Changes in Short Term Insurance Premiums

The short term insurance premium rate is determined by the SSI following registration with the Social Security Institute by taking into account the level of occupational accident and illness risks and applying a rate ranging from 1%-6.5%. Workplaces that have premiums based on the 1% pay a much lower employer premium amount than workplaces that are known to be more dangerous. In a publication of the official gazette on 19.01.2013, it was announced that as of 01.09.2013 the Premium rates will be fixed at 2% and will be independent of danger level. As of result of this change, workplaces that are currently paying premiums at a rate lower than 2% will be faced with an increase in their SSI contribution amount, while workplaces that are paying over 2% will see a decrease in their premium amounts. Organizations that are currently paying a 2% premium will not be affected by this changes. It is important to note that only the employer premium contribution amounts will be affected by this change.

The Cabinet of Minister have the authority to reduce the 2% fixed rate to 1.5% and also to increase it to 2.5%

The changes can be explained using the following example: The short term insurance employer contribution for an organization with a danger level resulting in the 1% rate and who has an employee who earns a monthly gross salary of 5000 TRY is 50 TRY. As of the 1st of September, this figure will be increase to 100 TRY.

As a result of the aforementioned changes and, the SSI sent out a notification stating that the e-declaration system will be out of service and inaccessible due to updates on the dates of August 30-31 2013.

Category Social Security Law and Legislation

05July2013

The Compliance Period of Company Agreements with the New Turkish Commercial Code Has Been Extended

The period given for having compliance with the New Turkish Commercial Code for Joint Stock and Limited Companies has been extended to 1/7/2014 with the notice announced in the Official Gazette dated 9 June 2013 and numbered 28692.

Category Turkish Commercial Code

01July2013

Liabilities in Case of Emergencies

The regulation on emergencies in workplaces has been published in the issue numbered 28681 of the Official Gazette on 18 June 2013.

Within the framework of the Workers’ Health and Work Safety Law No. 6331, the regulation which covers workplaces sets out the principles and procedures related to the preparation of emergency plans in workplaces, the tasks that are required to be done regarding prevention, protection, evacuation, fire fighting, first aid and similar issues as well as management of such situations and identifying the workers who shall be assigned to such issues.

The regulation is comprised of four sections and twenty two articles.

The liabilities of the employer and employees are briefly as follows.

Category Occupational Health and Safety Law

01July2013

The Necessity of Using New Generation Cash Registers Has Been Postponed

The date specified regarding the obligation to use cash register with pos feature in subparagraphs (a) and (b) of section 4 of the General Communiqué of the Tax Procedure Law No.426 and the second paragraph of section 6 has been postponed from 01.07.2013 to 01.10.2013.

The Necessity of Using New Generation Cash Registers Has Been Postponed.

Category Taxation Law

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