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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

13April2020

Associations’ Submission Periods of Declarations and Notifications Have Been Extended

Covid-19 outbreak has been announced as a pandemic on 11 March 2020 by the World Health Organization, as it affected the globe and our country negatively. Within this scope, several decisions were taken in order to prevent aggrievements.

The Ministry of Internal Affairs’ letter no. 2612, published on 03.04.2020, concludes that in order to prevent associations from aggrievements with submission process of declarations and notifications, related submission periods are to be extended until 1 August 2020, instead of the end of April.

Author Selma Kıy, Category Taxation Law

10April2020

Internal Circular of Implementation Regarding Taxpayers under Effects of Force Majeure was Published

Regarding the force majeure situation announced by Tax Procedural Law General Communiqué No. 518; Internal Circular of Implementation No. 2020/3 has been published in regard to procedures and principles to determine whether the applications are within the scope of force majeure and to form commissions.

  • Taxpayers who have income tax liability of commercial, agricultural and professional perspective,
  • Taxpayers who are directly affected by Corona virus outbreak and operating within the sectors of; retail including malls, health services, furniture production, iron, steel and metal industry, mining and quarrying, building construction services, industrial kitchen production, automotive production and trade, part and accessory production for automotive industry, vehicle rental, logistics and transport including storage activities, artistic services such as cinemas and theatres, printing services including books, newspapers, magazines and similar printed products’ publishing activities, tour operators and travel agencies including accommodation activities, food and beverage services including restaurants and cafes, textile and garment production and organization services including public relations;
  • Taxpayers whose activities have been temporarily suspended as per the precautions taken by the Ministry of Internal Affairs, due to their main field of activities;

Author Selma Kıy, Category Taxation Law

10April2020

Processing Location Data in Scope of COVID-19 Measures

The "Pandemic Isolation Tracking Project", which aims to observe the movements of quarantined people and regions, has been announced by the Presidency Of The Republic Of Türkiye; in the announcement, it is stated that the aim of the project is to make analysis to prevent further spread of the epidemic.

In the project, which will be carried out in cooperation with the Ministry of Health, Information Technologies and Communications Authority and all GSM operators, it has been realized that the location information of the individuals will be monitored by GSM operators, which may violate personal data security and privacy.

By publishing an announcement regarding the subject on 09.04.2020, the Personal Data Protection Authority has declared that the processing of the location data by the authorized institutions and organizations in order to prevent further spread of the pandemic will be considered under the exception of the Article 28 of KVKK, as the epidemic disease threatens public safety and public order; in other words, that the Law shall not be applied for this activity.

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

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