Legislation

03May2021

KVKK Aims were Announced in the Action Plan on Human Rights

Planned amendments within the scope of the Personal Data Protection Law numbered 6698 are explained in the Section 6.7 of the Action Plan on Human Rights and Implementation Calendar, titled Protecting the Private Life in Processing of Personal Data, published in the Official Gazette dated April 30, 2021 and numbered 31470. Accordingly, Turkish Data Protection Law (KVKK), will be brought in conformity with European standards and regulations and parallel regulations to General Data Protection Regulation will enter to our lives. In addition, new regulations regarding the penalties imposed on data controllers by the Personal Data Protection Board are also included in the plan.

As known, it is a legal obligation as of 2018 for all responsible to become compliant with KVKK. Even though new regulations will enter our lives, companies that have been compliant with the general principles of KVKK before the relevant law amendment, will be able to adapt to the amendment of the law. Also, please note that there is still an obligation to comply with the Law and sanctions still continue within this scope.

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

03May2021

Regulation on the Prohibition of Cheque Submission

A provisional article was added to the Law Amending Some Laws dated March 25, 2020 and numbered 7226 With the Law Amending the Tax Procedure Law and Some Laws published in the Official Gazette dated April 30, 2021 and numbered 31470. You can reach the Official Gazette from here.

What Does the Regulation Bring?

Within the scope of the fight against the Covid-19 epidemic, a regulation has been made regarding the follow-ups based on the cheques and bill of exchange to prevent loss of rights, taking the restrictions applied through the country into account. The amendments entered into force as the publication date in the Official Gazette. According to the regulation;

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Turkish Commercial Code

30April2021

Termination Ban and Pandemic Unpaid Leave is Extended to 30.06.2021

Cash wage support and termination ban due to Covid-19 reasons have been extended to June 30, 2021.

The decision was published with the Official Gazette dated 30.04.2021 and numbered 31470.

The related regulations were located on the Labor Law Temporary Article 10 as below:

"TEMPORARY ARTICLE 10 - Regardless of whether this Law is covered or not, any employment or service contract does not comply with the rules of ethics and good faith in paragraph (II) of the first paragraph of Article 25 and other relevant laws, the expiration of fixed-term contracts, the closure of the workplace for any reason and the termination of its activity, all kinds of service purchases made in accordance with the relevant legislation and the termination of the work in construction works, it cannot be terminated by the employer for a period of three months from the effective date of this article.

The employer may leave the worker entirely or partially on unpaid leave for a period of three months from the effective date of this article. Being entitled to unpaid leave under this article does not give the employee the right to terminate the contract based on the justified reason.

In violation of the provisions of this article, the employer or their representative, who terminates the employment contract, is given an administrative fine at the monthly gross minimum wage amount for the employee whose contract is terminated.

The President is authorized to extend the three-month periods in the first and second paragraphs up to six months."

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation, Labor Law

30April2021

Ministry of Internal Affairs Exemption Letter Announcement

The Communiqué about assignment/exemption letter has been announced by Ministry of Internal Affairs on April 29, 2021.

You can find the details below:

1. All previous exemption permits per the previously published Circular and the Circular numbered 7576 and dated April 27, 2021 for the production, manufacturing, supply, and logistics sectors will be abolished as of May 2 at 24.00.

2. As of Thursday April 29, 2021, all employees working under the exempt workplaces, factories, etc. should obtain "assignment/exemption letter" via e-Government portal.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation