Business Law

Yanıt Açıklaması: According to article 4/I there are three groups that are categorized as “insured persons” and are within the coverage of both the  short-term and the long-term social insurance schemes: • Persons working for one or more employers under an employment contract (Article 4/I(a)) • Village and district headmen and independent workers (Article 4/I(b)) • Public servants (Article 4/I(c))

Yanıt Açıklaması: Creditor is the party who is entitled the request the consideration element of an obligation.

Yanıt Açıklaması: Employer is defined in article 2/I of  the Turkish Labour Act No. 4857 as “real or legal persons or institutions and organizations without legal personalities that employ employees.”

Yanıt Açıklaması: Enforcement: At the end of the arbitration, the arbitral tribunal will issue its decision in the form of an award. The outcome of the arbitral process will be a binding decision and not just a recommendation that the parties are free to accept or reject as they please. In its international enforceability, an award also differs from the court judgment, since the international treaties that govern the enforcement of an arbitral award have much greater international acceptance than do treaties for the reciprocal enforcement of judgments. Therefore, the correct option is E.

Yanıt Açıklaması: The validity of the main contract and the validity of the arbitration clause are distinct from each other. In other words, the invalidity of the main contract does not automatically mean that the arbitration clause is also invalid. This is called the principle of separability.

Yanıt Açıklaması: An establishment practice is a general, repetitious and de facto provision of an interest to the employees unilaterally by the employer creating an objective expectation on the part of the employees to repeat.

Yanıt Açıklaması: The Council of State is the highest tribunal of administrative jurisdiction, with the power to review the decisions and judgments of all administrative courts. The Council of State is a supreme court established as a court of last resort to conduct the appellate review of the decisions given by the courts of the administrative judiciary and to make decisions on certain administrative issues as the final decision making authority.

Yanıt Açıklaması: Fiscal law consists of two branches: public revenue law and public expenditure law.

Yanıt Açıklaması: In many jurisdictions, mediation is a voluntary process. Therefore, the parties may not refer to or be forced to refer to mediation unless both of the parties wish so . The parties may mutually decide upon referring to mediation after a dispute has arisen between them, even while the court proceedings are pending ; or they may enact a mediation agreement for a potential dispute that might arise, in the future, in connection with an existing legal relation between them. In practice, usually a prior mediation agreement exists as a part of a main contract between the parties, in order to enable those parties to resort to mediation in case of a dispute that might arise out of that contract. However, despite a prior written mediation agreement, the parties may always refer to courts. There is no legal consequence of referring to the court before trying mediation despite the existence of a mediation agreement. In other words, a prior mediation agreement is not binding upon the parties; there is no legal way to force an unwilling party to refer to or continue mediation. It is not possible for the parties to refer to mediation for all kinds of disputes . According to Article 1/2 of the Mediation Law, only private law disputes arising out of matters that the parties may freely dispose of, including those that carry a foreign element, can be subject to mediation. Therefore, the disputes arising out of subject matters related with public policy can not be referred to mediation. For example, spouses may not refer to mediation for divorce; or disputes concerning affiliation of a child to one of his/her parents may not be subject to mediation. Therefore, the correct option is D.

Yanıt Açıklaması: Tax rate is defined as the proportion of income, spending or asset value that is taxed. It is generally expressed as a percentage of the value of income or property to be paid as a tax.

Yanıt Açıklaması: Public revenue is defined as the total income of the government and the other public authorities from all sources.

Yanıt Açıklaması: In article 73 of Turkish Constitution 1982, the principle of legality of taxation is clearly stated with the following provision: “Taxes,fees, duties, and other such financial obligations shall be imposed, amended, or revoked by law”. So levying or imposition of the tax (taxation) must depend on a legislative act.

Yanıt Açıklaması: An individual’s income may consist of one or more income elements listed below: 1. Business profits: The profit arising from commercial or industrial activities. 2. Agricultural profits: The income derived from agricultural activities. 3. Salaries and wages: The income derived from dependent personal services 4. Income from independent professional services: The income derived from any activity performed by a person who is selfemployed, and based on professional and scientific expertise rather than capital. 5. Income from immovable property and rights: The income derived especially from the rental of real property, which includes land buildings, and permanent leasehold rights as well as letting of some goods such as ships, boats, aircraft and other types of transportation vehicles, which are also regarded as immovable property in the application of the PIT Law, and earnings derived from the letting of copyrights by people other than the author himself or his legal heirs 6. Income from capital investment: The interest or dividend income and other profits derived from capital in cash or capital in kind. 7. Other income and earnings without considering the source of income: capital gains and non-recurring income

Yanıt Açıklaması: The arbitral tribunal shall state the costs of arbitration in its arbitral award. The costs comprise of: 1. the fees of the arbitrators; 2. the arbitrators’ travel and other expenses; 3. the fees paid to the experts, and to the other persons whose assistance is sought and who are, collectively, appointed by the arbitral tribunal, and the costs for the site inspection; 4. the witnesses’ travel and other expenses to the extent approved by the arbitral tribunal; 5. if he/she is represented by a lawyer, the successful party’s attorney fees ; 6. the charges to be made for the applications, when necessary, to the courts; 7. the notification expenses with respect to the arbitral proceedings Therefore, the correct option is C.

Yanıt Açıklaması: Governments need to perform different functions in the field of political, social and economic activities to maximise social and economic welfare. In order to perform such duties and functions, the government requires a large number of resources. These resources are called as public revenues.

Yanıt Açıklaması: The functions of the Council of Judges and Public Prosecutors are listed below: • to appoint members of the Court of Cassation, Council of State and Court of Jurisdictional Disputes • to take final decisions on proposals by the Ministry of Justice concerning the abolition of a court or an office of judge or public prosecutor, or changes in the jurisdiction of a court • admission of judges and public prosecutors into the profession • appointments, transfers to other posts, the delegation of temporary powers, • promotion and allocation of posts, • decisions concerning those whose continuation in the profession is found to be unsuitable, • the imposition of disciplinary sanction, • removal from office. Therefore, the correct option is D.

Yanıt Açıklaması: Tax base is defined as the measure upon which the assessment or determination of tax liability is based.

Yanıt Açıklaması: As previously examined, there are four statutes that directly govern individual employment relationships, namely the Labour Act No. 4857, Maritime Labour Act No. 854, Press and Media Labour Act No. 5953 and Code of Obligations No. 6098.

Yanıt Açıklaması: When parties are silent and have not selected an institutional arbitration, the arbitration will be ad hoc. While agreeing on ad hoc arbitration, the parties may agree on the arrangements for initiating the procedure, selecting the arbitrators, determining the procedural rules etc. Ad hoc arbitration is generally favored where the parties are unable to agree on the arbitration. When parties have opposing views as to which institution to choose, ad hoc arbitration is often the compromise. Another advantage of ad hoc arbitration is that it can be less expensive than institutional arbitration because fees of some institutions are very high.

Yanıt Açıklaması: The mediator shall finalize the submission to mediation within three weeks following his/her appointment. He/she may extend this period only for an additional one week if necessary. Therefore, the correct option is B.