Türkçe
Preventive law is a method of law that aims to analyze important legal risks that may arise in commercial life in advance and to take necessary measures and thus prevent problems before they occur. Especially in our country, due to the very long trial periods and the fact that the parties are not open to reconciliation, when a legal problem occurs, the solution takes a lot of time and effort and brings along administrative and financial burdens. In addition; it is also not possible to predict the consequences of a possible legal dispute.
That’s why; it is aimed to take some measures by making necessary analyzes within the scope of preventive law and to prevent major problems with simple measures. So, what can be done within the scope of preventive law studies?
Executive Manager Trainings
As known, due to the active daily operations of companies and busy agenda of company managers, risks that might be confronted frequently at practice life are overlooked and damages that could be prevented by basic briefings induce legal and fiscal responsibility of both companies and company managers.
For this reason, especially the companies who managed to be institutionalized and understood the importance of preventive law oblige their managers to have trainings on the legal system they are operating in and the practical implementations connected to the same, in order for them to have information on certain topics and to protect both themselves and the company they are managing from possible damages and responsibilities.
Especially, the contracts they execute regarding daily commercial activities, the checks, bonds and other negotiable instruments they receive for payment collection, the claim management processes, protection of company secrets and personal data, recruitment procedures and similar various areas constitute great risks for executive managers.
In that respect; executive company managers, who have a busy schedule, may minimize the legal, financial and criminal responsibilities of both the companies they manage and themselves, with filtered simple legal information regarding the current business world and commercial life.
Risk Management Processes
One of the most crucial issues for companies is risk management. While this issue is handled with precision by some large-scale companies, this important issue is often overlooked by companies which have busy daily commercial activities, and so many risks that could have been foreseen and prevented induce serious costs for such companies.
It is of great importance not only to prepare the contracts carefully but also to monitor the proper application of the contract provisions. Similarly; the risk of transfer pricing due to companies’ transactions with related parties, costs that might be confronted due to the gaps within employment agreements, risks on guarantees presented and undertakings given by the companies are also some of the grounds which bear important damages for companies.
In that respect; via a comprehensive analysis, it would be possible to eliminate or minimize major legal and financial risks by simple preventive actions such as examination of contracts signed by the company within the context of its commercial activities, and determination of legal risks in this context, drafting standard form of contracts by taking into consideration of company needs and possible disputes for uniformity in commercial transactions, examination of employment contracts and determination of existing risks, determination of possible illegalities with respect to corporate law and taking necessary corrective actions.
Claim Management Processes
Claim management processes are of great importance especially for companies carrying out large-scale projects. Since most of the problems in the realization of projects are not managed properly in legal terms, companies are subjected to loss of legal rights and accordingly, are exposed to significant financial losses.
Many problems such as delay of completion dates of the projects, inability to impose sanctions to the contractors/subcontractors and emergence of additional project costs and expenses due to failure to take necessary legal measures in order to prevent possible delays of the project by contractor and/or subcontractors, failure to accurately determine and implement the obligations of employers, failure to respond to contractor and subcontractor requests on time and in a correct manner and failure to make correspondences in accordance with the legal regulations and delaying the completion dates of the projects for similar reasons, create significant risks for both the companies implementing the project and the financial institutions that finance the project.
Proper claim management services are of great importance, especially for large-scale projects funded by banks and other financial institutions. The most important issue regarding the loans extended by the banks within the scope of project finance is the repayment of the related loan amounts in accordance with the determined redemption plan without disturbing the risk-guarantee balance. This is, of course, dependent on the execution and completion of the project in compliance with the contracts and work program. Therefore; monitoring the projects financed under a loan agreement in a legal perspective is of great importance for both the banks providing the loan and the companies responsible for the repayment of the relevant loan amounts.
Management of Personnel Recruitment Processes
Without a doubt, one of the biggest problems of employers is the right management of existing human resources and mitigating the damages that the company may confront due to dismissals. Especially; acceptance of the principle for “interpretation in favor of employee” by Turkish labor courts induces unavoidable damages and costs for companies. Although these costs are unavoidable sometimes, related damages of companies increase since minor measures are not taken and right legal steps are not followed.
Therefore; informing of company executives and human resources authorities about their rights and legal advantages, general applications and minor measures that can easily be taken will be highly beneficial for the company.
In that respect; by drafting of a labor law guideline, it would be possible to keep the human resources authorities of the company informed about types and validity conditions of employment contracts, the issues that need to be taken into consideration while drafting of the contracts, the provisions which may be included in the contracts to protect the company for possible future legal risks, types and procedures of contract termination, the issues that need to be taken into consideration and the precautions which need to be taken while terminating an employment contract, conditions and validity of the release letters and settlement agreements to be signed by the employees and conditions of mediation system in labor law.
In addition; drafting standard forms of all legal texts on labor law such as employment contract, release letter, settlement agreement, termination notice and letter for request for plea which are needed by the human resources unit, in compliance with the law and ensuring that these standard forms are used in each transaction will facilitate the process management and will prevent related possible legal risks.
In this way; human resources employees and managers will be ensured to manage human resources processes in compliance with the related legal regulations without need of a legal support for each operation. So; the legal needs of the company regarding labor law will decrease, and the lawsuits and related costs that companies may be exposed to due to wrong practices will decrease significantly.
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