Business Law

Yanıt Açıklaması: On call employment relationship is a special type of part-time employment regulated in article 14 of the Labour Act. It is a flexible form of employment where the employer calls the employee to work when the services of that employee is needed. With a view to overcome any possible abuses of the employer’s powers and to hinder any arbitrary acts of the employer, the Labour Act ensures the employee working under an on call employment contract various guarantees. Therefore, the correct option is A.

Yanıt Açıklaması: Article 2/I defines an employee as a real person who works under an employment contract.

Yanıt Açıklaması: According to article 2/VI of the Labour Act, there are five criteria that shall be met in order to deem a relationship principal employer-subcontractor relationship. • Both the principal employer and the subcontractor shall be employers. • The subcontractor shall be delegated with a task that is related to the production of goods and services rendered in the principal employer’s establishment. • The work performed by the employees of the subcontractor shall be executed in the establishment of the principal employer. • Only a part of the principal employer’s work shall be delegated to the subcontractor. • The employees of the subcontractor delegated to the principal employer’s work shall work exclusively in the principal employer’s establishment. Therefore, the correct option is E.

Yanıt Açıklaması: Work that continues for a period of maximum 30 workdays is called discontinuous work; whereas work that exceeds 30 workdays is continuous work. According to article 10 of the Labour Act, articles 3, 8, 12, 13, 14, 15, 17, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 53, 54, 55, 56, 57, 58, 59, 75, 80, and transitional article 6 shall not be applied to discontinuous work. The provisions of the Turkish Code of Obligations shall be applied to such work regarding issues regulated in these articles of the Labour Act.

Yanıt Açıklaması: Tax law falls in the domain of public law and it is concerned with legal aspects of taxation rather than its financial, political or economic aspects.

Yanıt Açıklaması: Tax rate is defined as the proportion of income, spending or asset value that is taxed.

Yanıt Açıklaması: Pursuant to article 30 of the Labour Act, private sector employers with fifty or more employees are under the obligation to employ three percent of their total number of employees from persons with disabilities. With regard to public sector employers with fifty or more workers, this quota for employing persons with disabilities is four percent.

Yanıt Açıklaması: In a state governed by the rule of law the activities of the public authorities in the field of public finance whether in regards collection of public revenues or making of the public expenditure must be in strict adherence to due process of law.

Yanıt Açıklaması: The parties are free to determine the number of arbitrators. However, the number shall be odd. If the number of arbitrators is not determined by the parties, three arbitrators shall be appointed.

Yanıt Açıklaması: The separation of powers, particularly between the political branches of government and the judiciary, is a core precept of the rule of law. Central to this principle is that the judiciary must be, structurally and in practice, independent. Thus, according to the universally accepted principle of independence of the courts, the independence of the judiciary is be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. In accordance with international standards on the independence of the judiciary, the governing bodies of the judiciary must be independent of the executive and legislative powers. An institution is established in article 159 of the Constitution and called as the Council of Judges and Prosecutors. The Council of Judges and Prosecutors (CoJP) is an administratively and financially independent council performing its duties by considering the principle of independence of courts and the security of tenure of judges and prosecutors within the framework of the principles of fairness, impartiality, accuracy, honesty, consistency, equality, competence and qualification. The CoJP shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges. The Plenary Assembly consists of thirteen members and the President of the Council is the Minister of Justice, who is a member of the executive branch. Therefore, the correct option is A.

Yanıt Açıklaması: The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. As judiciary consists of a group of independent but interrelated elements (courts) comprising a unified whole, it can be considered as a system. Thus, the judiciary, which is also known as the judicial system, is defined as the organizational system and principles of court that administer the justice and constitute the judicial branch of government. Government is the organization that is the  governing authority of a political unit. Judiciary is the branch of government that is endowed with the authority to interpret and apply the law, adjudicate legal disputes and otherwise administer the justice. The Turkish Judiciary refers to the courts which are responsible for the enforcement and the interpretation of Turkish laws. It comprises a system of courts and some administrative bodies, as well as the judges and other judicial officials who preside over them. Under seperation of powers doctrine, the judiciary shares power with executive and legislative branches of government.

Yanıt Açıklaması: Real estate tax is a special tax on property collected by the municipalities.

Yanıt Açıklaması: The obligations of the arbitrator are as follows: - To resolve the dispute between the parties; - To continue acting as an arbitrator until the end of the proceedings; - To retain his/her impartiality and independence during the proceedings; - To act fairly and cause no unnecessary delay; - To respect confidentiality Therefore, the correct option is E.

Yanıt Açıklaması: Teleworking is a type of distance work where the employee performs his/her obligation to work via the means of communication technologies.

Yanıt Açıklaması: Ordinary jurisdiction judges are selected from among graduates of law faculties and administrative jurisdiction judges are selected from among the graduates of either law schools or faculties of political science and faculties; of social sciences, which include law courses in their programs at a sufficient level. Therefore, the correct option is D.

Yanıt Açıklaması: Apart from the very high level positions, such as CEOs who generally work under a proxy agreement, employer’s representative’s relationship with the employer is based on an employment contract. Therefore, the employer’s representative is an employee vis-à-vis the employer; whereas an employer’s representative vis-à-vis other employees. Therefore, the correct option is D.

Yanıt Açıklaması: Tax object is defined as the things with an economic value indicating the ability to pay of the to pay such as income, property and expenditure.

Yanıt Açıklaması: One of the obligations of the employer arising out of an employment contract is the obligation to treat employees equally. This is employer's obligation. Other ones are employee's obligaions.

Yanıt Açıklaması: The most appropriate method for guaranteeing judicial independence and impartiality together with the security of tenure of judges and public prosecutors is the establishment of a special institution, namely a judicial council, which should be endowed with constitutional guarantees for its composition, powers and autonomy and that such a Council should have a decisive influence on the appointment and promotion of judges and disciplinary measures against them

Yanıt Açıklaması: The main and the traditional duty of the constitutional court is to examine the constitutionality, in respect of both form and substance of laws, presidential decrees and the Rules of Procedure of the Turkish Grand National Assembly and to examine and verify Constitutional amendments only with regard to their form.