25May2016

Amendment To The Regulation on Effecting of Wages And Similar Payments Via Banks

AMENDMENT TO THE REGULATION ON EFFECTING OF WAGES AND SIMILAR PAYMENTS VIA BANKS

The Regulation on Payment of Wages, Premiums, Bonuses and All Kinds of Remunerations Qualifying As Such Via Banks, published in the Official Gazette dated 18 November 2008 and no. 2705818, stipulated that, in the event of the number of people employed under Labor Law, Maritime Labor Law and Press Labor Law being 10 and higher, all kinds of payments falling within the scope of the regulation was required to be effected via bank. By the regulation published in the Official Gazette dated 21 May and no. 29718, the limit of number of people that was 10 was updated as 5. In addition, "Bank" and "Account" terms were redefined in the new regulation.

The said amendments will take effect on 1 June 2016.

Former and new versions of the amended articles are contained in the following table. Click for Turkish full text of the regulation published in the Official Gazette.

Subject

Former Version

New Version

Number of Employees

Payments effected to a journalist working subject to the Law no. 5953

ARTICLE 6 – (1) Employers employing at least 10 journalists throughout Türkiye subject to the Law no. 5953 are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments which they will effect to the journalist employed by them during the respective month, through banks.

Payments effected to a journalist working subject to the Law no. 5953

ARTICLE 6 – (1) Employers employing at least 5 journalists throughout Türkiye subject to the Law no. 5953 are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments which they will effect to the journalist employed by them during the respective month, through banks.

Payments effected to a worker other than a journalist, employed at newspapers and periodicals, news and photo agencies

ARTICLE 7 – (1) In case employers employing journalists also employ such persons who fall outside the scope of the provisions of the Law no. 5953 and fall within the definition of "worker" in the Labor Law, then if the total sum of the number of journalists and workers employed is at least 10, such employers are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments they will effect to the journalist and worker employed by them during the respective month, through banks.

Payments effected to a worker other than a journalist, employed at newspapers and periodicals, news and photo agencies

ARTICLE 7 – (1) In case employers employing journalists also employ such persons who fall outside the scope of the provisions of the Law no. 5953 and fall within the definition of "worker" in the Labor Law, then if the total sum of the number of journalists and workers employed is at least 5, such employers are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments they will effect to the journalist and worker employed by them during the respective month, through banks.

Payments effected to a seaman working subject to the Maritime Labor Law

ARTICLE 8 – (1) Employers employing at least 10 seamen throughout Türkiye subject to the Maritime Labor Law, or agents of such employers, are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments they will effect to the seaman employed by them during the respective month, through banks.

Payments effected to a seaman working subject to the Maritime Labor Law

ARTICLE 8 – (1) Employers employing at least 5 seamen throughout Türkiye subject to the Maritime Labor Law, or agents of such employers, are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments they will effect to the seaman employed by them during the respective month, through banks.

Payments effected to a worker working subject to the Labor Law

ARTICLE 10 – (1) In case the number of employees throughout Türkiye by the employers and third parties, in whose workplaces and establishments the provisions of Labor Law are applied, is at least 10, they are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments they will effect to the worker employed by them during the respective month, through banks.

Payments effected to a worker working subject to the Labor Law

ARTICLE 10 – (1) In case the number of employees throughout Türkiye by the employers and third parties, in whose workplaces and establishments the provisions of Labor Law are applied, is at least 5, they are obliged to pay the net amount remaining after subtraction of the legal deductions, of all kinds of payments they will effect to the worker employed by them during the respective month, through banks.

Definitions of Bank and Account

Definitions

ARTICLE 4
a) Bank: means deposit banks and participation banks,

ç) Account: means the demand deposit account opened with deposit banks or the private current account opened with participation banks,

Definitions

ARTICLE 4
a) Banka: means the banks covered by the Banking Law dated 19/10/2005 and no. 5411

ç) Account: means the account opened with the Banks covered by the Law no. 5411,

Author Selma Kıy, Category Labor Law

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