Author Archives: admin

THE PERIOD OF PROFIT DISTRIBUTION LIMITATIONS FOR CAPITAL COMPANIES HAS BEEN EXTENDED

With the Communiqué published in the Official Gazette dated 28 October 2020 and numbered 31288, the limitations on profit distribution previously imposed for capital companies were extended until 31/12/2020. In that respect; except for the exceptions stated under the Communiqué on the Procedures and Principles Regarding the Implementation of Provisional Article 13 of the Turkish […]

THE PERIOD FOR THE PROHIBITION OF TERMINATION OF EMPLOYMENT AGREEMENTS HAS BEEN EXTENDED

In accordance with the Presidential Decree No. 3135, which was published in the Official Gazette dated 27.10.2020 and numbered 31287; the duration of the prohibition for the termination of employment or service contracts for three months, as regulated under the temporary Article 10 of the Labor Law, was extended by two months as from the […]

HOW TO MAINTAIN CONFORMITY TO ARM’S LENGTH PRINCIPLE WITHIN THE SCOPE OF TRANSFER PRICING?

Transfer pricing means the pricing applied by companies that are directly or indirectly related to each other in the purchase and sale of goods or services. The types of transactions which are accepted to be within the scope of disguised profit distribution through transfer pricing are indicated under 1st paragraph of Article 13 of the […]

DO THE COMMERCIAL ACTIVITIES CARRIED OUT BETWEEN THE GROUP COMPANIES CREATE A RISK WITHIN THE SCOPE OF TRANSFER PRICING?

Transfer pricing means the pricing applied by companies that are directly or indirectly related to each other in the purchase and sale of goods or services. The types of transactions which are accepted to be within the scope of disguised profit distribution through transfer pricing are indicated under 1st paragraph of Article 13 of the […]

DETERMINATION AND CONSEQUENCES OF COLLUSION WITHIN MAIN EMPLOYER – SUB-EMPLOYER RELATIONSHIP

It is common for many companies to employ a subcontractor for the performance of ancillary services that are outside of their main field of activity or to employ a group company employee in another group company by transferring personnel between group companies. However, most of the time, this main employer – sub-employer relationship is not […]

ARE EMPLOYERS OBLIGED TO REFUND ALL SHORT WORKING BENEFITS DUE TO THE BREACH OF TERMINATION PROHIBITION FOR EMPLOYMENT CONTRACTS?

The short-term working model, regulated by the Additional Article 2 of the Unemployment Insurance Law No. 4447, is currently being implemented by many employers who are experiencing difficulties due to the Coronavirus (COVID-19) epidemic. In connection with such working model, pursuant to Provisional Article 10 of the Labor Law; it is regulated that all kinds […]

WHAT SHOULD BE TAKEN INTO CONSIDERATION IN PERSONNEL EMPLOYMENT WITHIN MAIN EMPLOYER-SUB-EMPLOYER RELATIONSHIP?

In today’s conditions; many companies leave the performance of ancillary works of their facilities which are outside their main field of activity, but needed for the realization of these activities, such as security, reception, cleaning, catering, to subcontractors for economic, technical or administrative reasons. However; definitions of sub-employer and main employer and the related regulations […]

DEFECTS LIABILITY UNDER CONSTRUCTION CONTRACTS

A construction contract (eser sözleşmesi) is a contract in which the contractor undertakes to create a work and the employer undertakes to pay a price in return. All contracts under which the contractor undertakes to create a work, such as contracts for the construction of movable or immovable properties, contracts for the installation of facilities […]