Latest Amendments to the Stamp Tax Law
Pursuant to Stamp Tax Law numbered 488[1], documents prepared through writing and signing, or the marking thereof substituent to signing, to be used to evidence or define any subject, and the documents prepared electronically as electronic data are referred to as “paper” under the Law, and the parties to these papers are obliged to pay stamp tax on such papers. Stamp tax is collected either on a proportional or fixed base. Proportional stamp tax are predicated on the genre and nature of the paper that is subject to the stamp tax, while fixed stamp tax are predicated on the qualification of the papers that are subject to the stamp tax.
Law numbered 6728 on the Amendment of Several Laws Concerning Improvement of Investment Environment[2] made substantial amendments to Stamp Tax Law numbered 488 (“Law”). In accordance with the purpose of Law numbered 6728, improving the investment environment, the stamp tax obligations of investors under the Law are readjusted in to a considerable extend. Amendments made to the Law entered into force on the date of their publication in the Official Gazette on 09.08.2016.
Workplace Practices
The labor law is a branch of law in which the freedom of contract principle is limited in favor of the employees. The Constitution, Labor Law numbered 4857 ("Labor Law"), Occupational Health and Safety Law and relevant legislation, collective labor agreements, as well as jurisprudence, restrict freedom of contract. Our legislation has many provisions that protect employees, and one may say that the jurisdiction generally adjudges in favor of employees. Employees and the employers may freely determine the conditions of their labor relations, provided that the provisions are not contrary to mandatory rules of law. Furthermore, employees may make claims, even if they are not stated either in their employment contract or in the legislation or in jurisprudence. A right to claim may originate through workplace practices.
In this article, information in light of Court of Cassation Decisions concerning workplace practices’ characteristics, how they become part of working conditions, the impossibility of cancellation of workplace practices without the consent of employees, as well as employers’ and employees’ termination right will be addressed. The approaches that employers may consider while implementing such practices will also be expressed.
