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What is the Relationship Between Subcontractor and Primary Employer? 29 August 2016
Article 2, Paragraph 7 of the Labor Law No: 4857 regulates the conditions required to establish the subcontractor relation by defining the same. According to the Article 2: “The connection between the subcontractor who undertakes to carry out work in auxiliary tasks related to the production of goods and services or in a certain section of the main activity due to operational requirements or for reasons of technological expertise in the establishment of the main employer (the principal employer) and who engages employees recruited for this purpose exclusively in the establishment of the main employer is called the principal employer-subcontractor relationship. The principal employer shall be jointly liable with the subcontractor for the obligations ensuing from this Labor Act, from employm...
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How to Invest and Establish a Branch in Iran? 25 August 2016
Following the Islamic Revolution, the banks and the firms in the country were nationalized and foreign capital was prohibited in Islamic Republic of Iran. Therefore, foreign investment was blocked in Iran. However, with Third and Forth Five Years Development Plans, Iran paved the way for the entry of the foreign capital to Iran and intended to make investment by foreign companies. In line with this purpose, multiple regulations were made in legal system.
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How to Be Sent the Electronic Notification? 24 August 2016
In accordance with the Article 7/a of Notification Law numbered 7201, a person who asks to be notified electronically to the electronic post address that convenient for notification, can be notified electronically. The usage of electronic notice is an obligation for joint-stock companies, limited companies and limited partnerships divided into shares.
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How to Obtain Electronic Notification Address? 23 August 2016
Definitions Electronic Notification Address: To prepare sufficient electronical environment for notification under the internet tax Office by the Department of Revenue. Electronical Notification System: The system that sending notification via informatics system to electronic notification address of the addressee and delivering notification with creating evidence under electronic system. In General Practice of electronic notification which means making notification to the electronic address of the recipients by using Electronic Notification System pursuant to Tax Procedure Law No.213, has been initiated since 1 January 2016.
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Is It Possible To Discharge Employee In Case Of State Of Emergency? 22 August 2016
Pursuant to decision of Turkish Grand National Assembly numbered 1116 and dated 20.07.2016, state of emergency was declared for 90 days which is effective as of 20.07.2016. Application of state of emergency declaration is regulated under State of Emergency Law (“SEL”) numbered 2935 and Article 120 of Turkish Constitution. Article 11 of SEL regulates that;
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Limits of Public Order Violation Factor In Enforcement of Foreign Arbitral Awards 9 August 2016
The question how the public order violation factor in the enforcement of foreign arbitral awards is examined by the local courts and the limits of public order violation constitute the subject matter of this work. Given the judgments of Supreme Court and the doctrinal views, the public order violation factor in the enforcement of foreign arbitral awards can be divided into 4 parts generally:
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Mutual Termination Of Employment Contracts Under Labor Law 2 August 2016
One of the most important topics of the labour law is the job safety. The provisions of Article 18 and cntd. of the Labour Code numbered 4857 set forth the termination of the employment contract and the conditions of the termination, in a detailed manner, however, in practice,it can often be seen that the employee and the employer terminate their contractual relationship by mutual expressions of will. An agreement which terminates the employment contract in this way is classified as “mutual termination of contract”. In its decision numbered E. 2007/30801, K. 2008/9236, the 9th Civil Chamber of the Supreme Court explains the mutual termination contract as follows:
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Facilitated Merger 2 August 2016
Merger can be defined as establishing a new Corporation through consolidation of two or more Corporation or joining of a Corporation to another existing Corporation. It is regulated in Article 136 and the rest of Turkish Commercial Code, and according to Turkish Commercial Code, merger is occurred by acquiring the shares of the transferee company by the partners of the predecessor company, in accordance with a rate by considering the predecessor company’s properties which join to the transferee company.
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Employer's Representative 2 August 2016
In the Turkish Labour Code numbered 4857, in addition to the terms employer and employee which are the parties of employment relationship, the term of “employer’s representative” is mentioned. In Article 2 of Labour Code, titled “Definitions”, employer’s representative is defined as “the person acting on behalf of the employer and charged with the direction of work, the establishment and enterprise. “
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Terrorism as a Force Majeure Event 28 March 2016
Naturally; the performance of the parties’ obligations is the main aim of each contract, in respect of general law principle of “pacta sunt servanda”. Despite of the principle of “pacta sunt servanda”; in some cases, such as force majeure, the parties cannot fulfill their obligations due to some circumstances or conditions beyond the control of the parties.
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