Lawyer in Turkey

Thursday, January 14, 2016

Tourist trap; the purchase of jewels


It often happens that a nice vacation ends with a empty wallet and a feeling of fraud after a visit to a huge jewellery store. The period for the purchase of jewels has started. A sparkling necklace has been sold under the following slogan:                                                              

“jewels for 18 carat gold and decorated with real diamonds for only 9000 Euro!”

Although some feelings of regret arise on the side of the consumer after the purchase, the jewels will be valued upon returning home. The valuation shows that the jewels do not contain the value of the characteristics that the seller had stated. The once so sparkling necklace, ring or bracelet, is not sparkling anymore. The seller has lied about the value of the product and has sold it for an amount that is too high. The jewels do not contain the characteristics that were declared by the seller.  The question that you may ask yourself in this situation is as follows: Is it still possible to refrain from the bad purchase?


It should be noted that the rights concerning the protection of consumers in Turkey was differently regulated than the current regulation in this respect. I would like to refer to one of my previous articles regarding these misleading sales practices. In case of a typically lack of the purchased product, the purchaser had under determination of the sales agreement, the right to demand his money back. This was possible within duration of 30 days starting from the moment that the jewels were sold and delivered to the buyer. In case the buyer did not inform the seller within these 30 days concerning the lack of the product, dissolution of the agreement (due to lack of the characteristics of the good) was not possible anymore and the buyer was bound by that contract. The letter concerning termination and reclaiming the money back had to be sent to the seller within these 30 days.

However with the introduction of the last amendments in the law and regulations, the legislator has extended the period of 30 days with 6 months. With this change it is now possible to dissolve the agreement within 6 months after purchase/delivery date. This right exists as long as you can prove that the jewels do not contain the essential characteristics that have been declared by the seller. This is a real welcome to the right of the consumers.

We advise you to contact the seller by a registered letter about the dissolution of the contract relying on the defects of the jewels. A letter by mail is in this regard not sufficient. You should send the letter by registered mail within 6 months. I advice you to send the termination letter both by mail and by letter. Of course we are at your disposal to assist you with the necessary advice and assistance in this matter.




Tuesday, January 5, 2016

Minimum Wages Turkey 2016 (1st period)

The Turkish government adjusts the minimum wages twice a year. This happens every year on the 1st of January and the 1st of July.

Recently, the Turkish government  has announced the minimum wage for the 1st period of 2016.



The gross salary may consist of:
  • the basic salary in your employment contract has been agreed;
  • the allowances for performance, shifts, irregular hours, standby duty and working conditions;
  • the fixed bonus for the sales you make any payment and you will receive;
  • the rewards of third parties caused by the work.
The total of these amount may not be less than the minimum wage.


MINIMUM WAGE AND THE TOTAL COSTS FOR EMPLOYER
Period 01.01.2016 - 30.06.2016
Gross Salary1.647,00
Social Insurance Employee SGK 14%230,58
Unemployment insurance 1%16,47
Income Tax 15% (*)86,46
Cost of living allowance (agi)123,53
Stamp tax 7,59% (*)12,50
Total Deductions346,01
Net Salary1.300,99

TOTAL COSTS  EMPLOYER 
Gross Salary1.647,00
Employer contribution Social Insurance SGK 15,5%255,29
Unemployment insurance 2%32,94
Total costs employer1.935,23

Table source: www.csgb.gov.tr

Please notify:

  • The mentioned aig is minimum and will increase depending on the number of children and marital status.
  • net salary for apartment staff amounts 1399.95
  • Government has promised inducement  110.10 TL for employers. Additional information will be published in the next few days.


Tuesday, December 15, 2015

Electronic notifications with the Turkish Tax authority

New developments in the Turkish Tax system:

From 1st of January, 2016,  electronic data interchange with the Turkish Tax Authority will be implemented.

Registration has to be done before the 1st of January,  to the Tax Authority. All notifications of the Turkish Tax Authority will be done through Electronic Notification. Regular postal service will not be used anymore.


This legislative amendment will lead to the following changes:

  • Notifications to taxpayers to the Tax authority will not take place anymore through post exchange but through the more economical and environmentally friendly way of electronic data interchange.
  • This obligation relates only to the following taxpayers:
  • Companies / legal entities (corporate taxpayers)
  • Sole Proprietorship consisting of commercial, agricultural or other professional groups with profit and who are obliged to pay income tax.
  • Notifications will be done by  phone or/and e-mail contact. After receiving of the notification the possibility exists to make an objection within 5 days.
  • It is not possible to make an objection concerning the fact that you did not receive any notification.
Registration for the Electronic Notification has to be done in person at the Tax Authority. In the  registration process you need to  deliver  your business papers and the registration form, which can be found on the website of the Turkish Tax Authority (https://intvd.gib.gov.tr/internetvd/index.jsp). 

Please pay attention to the fact that the date of registration has to be before the 1st of  January 2016. 

The omission of the notification requirement for the Electronic Notification will be punished through relatively high administrative penalties.