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Scope of the Working Hours of Employee and Overtime Payment 22 March 2018
Working hours have been defined as “the time which employee spends at the work where he has been employed” in the Article 3 of the “Regulation on the Working Hours regarding the Labor Law” which has been published in the Official Gazette dated 06.04.2004. In addition to this period which is named as actual work period, some situations are also considered as working time, which are accepted either by Law or by Supreme Court.
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Recent Developments in Our Legislation Regarding the Retail Sales Tariff 5 February 2018
Loss and illegal use cost and return of Retail Sales Tariff meter reading costs that are collected over electric bills constitute a serious problem in our country. Likewise; this matter was firstly submitted to the jurisdiction due to the impression of the consumers that the collection of such costs is not equitable. Afterwards; the need of the legal regulation of this subject matter by lawmaker has arouse due to the collection of these unlawful and unequitable tariffs and the importance of returning of them to the consumers.
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E-2 Treaty Investor Visa and Its Advantages 1 February 2018
E-2 Treaty Investor Visa, one of the several visa programs in the United States, is an alternative visa program for investors seeking to invest in the United States and obtain work permit. The investor and the investment must have some certain conditions in order to be able to obtain this visa.
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What Are The Exceptions to Obligation Of Enrolment in Data Controller Registry? 31 January 2018
As is known; the Law on Protection of Personal Data numbered 6698 (“the Law”) determines a general framework with its regulations regarding the protection of personal data, but it leaves the detailed determination of the matters in this frame to the regulations which are secondary legislation. Within this scope; some of these regulations have been regulated. One of them is the Regulation on Data Controller Registry which was published in the Official Gazette dated 30.12.2017 and numbered 30286 and has been come into force on the date of 01.01.2018 (“the Regulation”).
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Investor Visa Programs and Their Advantages that can be Acquired in the United States of America in Return of Investment 24 January 2018
There are many programs in the United States of America (“USA”) that gives residence permit (Green Card) to people who are specialized on some topics or provides the investor several rights in return of a certain investment. As the Immigration Law is regulated in federation level, a harmony has been achieved between states. These programs are fundamentally categorized depending on whether the applicant has the intention to stay in the country permanently or temporary.
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What are the Conditions to Benefit from the Incentive in Social Security Contribution for the Employers? 23 January 2018
As is known; some amendments have been made in the Law on Social Security and General Health Insurance Law numbered 5510 (“the Law no. 5510”) by the Law on the Restructuring of Certain Receivables and Amendment to the Law of Social Security and General Health Insurance and Certain Other Laws and Decree Laws numbered 6111 (“the Law no. 6111”) published in the Duplicated Issue of the Official Gazette numbered 27857 and dated 25.02.2011.
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Termination of Defense Industry Contracts and Related Consequences 11 January 2018
Turkish defense industry, which is equipped with high technology systems and becoming more powerful due to its technological attempts and improved projects, recently has become a significant market for entrepreneurs and investors who are active in this field. Today, many investors get involved in defense industry projects or they provide materials and services as subcontractor or supplier of such projects.
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Concordat in Our Legal System 5 January 2018
The application of equity companies for suspension of bankruptcy and the court decisions on suspension of bankruptcy have been prevented with the Statutory Decree numbered 669 which was published within the scope of the state of emergency declared in our country on the date of 31.07.2016. The debtors who cannot benefit from the suspension of bankruptcy due to the mentioned Statutory Decree have begun to apply the concordat institution which is not preferred even though it has been in our legal system for a long time due to the existence of the bankruptcy suspension institution, and because of that the debtors have provided an application area in our legal system again.
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Liability of the Landowner for Contractor’s Debts to the Third Parties in Revenue Sharing Construction Contracts 4 January 2018
In practice, the contract which the contractor has the obligations to build the construction determined in the contract and act as intermediary for the sale of independent sections whereas the landowner undertakes to sell independent sections to the third parties and to share the revenue which comes from the sale of independent sections with the contractor is named as Revenue Sharing Construction Contracts. However, such contracts are not expressly regulated in our legislation. Within this context, provisions regarding contract types regulated in our legislation are applied comparatively considering the elements included in such contracts, which are characterized as mixed contracts where both parties have reciprocal obligations in the sense of Law of Obligations.
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Price Reduction Request of the Owner Due to Defective Work in Construction Contracts 3 January 2018
In the event that there is a defect in the work performed by the contractor in the construction contracts, the optional rights of the owner are regulated in Article 475 of the Turkish Code of Obligations (“TCO”). Accordingly, if there is a defect in the work; the owner may terminate the contract, may request price reduction or may request free repair of the work. However, the owner has some obligations to fulfill in order to exercise these optional rights.
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