Business Law

Yanıt Açıklaması: According to Article 18 of the Mediation Law, if the parties conclude a settlement agreement as a result of the mediation proceedings, they will need the approval of the court in order to enforce it. The settlement agreement approved by the court will be deemed as a court judgment and may be enforced accordingly.

Yanıt Açıklaması: Apprentices and trainees shall be distinguished from employees. The former is a student learning the relevant art or profession and apprenticeship is a part of their education. Trainees, on the other hand, are qualified with the relevant theoretical information and seek to improve their practical skills. Neither group qualifies as an employee and are not considered within employee count of the establishment. They are not subject to the Labour Act, but benefit from the provisions of the Act on Occupational Health and Safety, as well as the social insurance for occupational hazards and diseases. Therefore, the correct option is C.

Yanıt Açıklaması: The primary purpose of taxation (the revenue or fiscal purpose of taxation) on the part of the government is to provide funds or property with which to promote the general welfare and the protection of its citizens and to enable it to finance its multifarious activities. Taxation may also be employed for purposes of regulation or control (the non-revenue or regulatory purpose of taxation). Taxation is often employed as a devise for regulation by means of which certain effects or conditions envisioned by the government may be achieved.

Yanıt Açıklaması: The private sources refer to the binding sources that are unique to labour law. Accordingly, collective labour agreements, individual employment contracts, internal regulations, establishment practices and employer’s right of direction constitute the scope of the private sources. Statutes are not private sources but official sources.

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. Therefore, the correct option is E.

Yanıt Açıklaması: Employer’s representative is defined in article 2/IV as “persons who act on behalf of the employer and take part in the management of the work, establishment and the enterprise.”

Yanıt Açıklaması: The Turkish International Arbitration Law was published in the Official Gazette on June 21, 2001 and entered into force on July 5, 2001. It is mostly inspired by the UNCITRAL Model Law and the relevant articles of the Swiss Private International Law.

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.

Yanıt Açıklaması: First Instance Courts of Ordinary Jurisdiction are the courts assigned to deal with all types of cases outside the jurisdiction of the administrative courts. Both for civil and criminal cases, first instance courts are basic judicial authorities to settle disputes. First Instance Courts of Ordinary Jurisdiction are split into two categories as criminal law courts and civil law courts. Some of these courts are courts of general jurisdiction and others are specialized courts

Yanıt Açıklaması: According to Article 2/1/b of the Mediation Law, mediation is a dispute resolution method conducted voluntarily with the participation of an impartial and independent third person who has gone through a special training and who, by applying systematic techniques, is bringing the parties together to discuss and negotiate; ensuring mutual understanding between the parties and the development of a communication process in order for them to produce their own solutions, and who may suggest a resolution in case it becomes apparent that the parties may not find a mutual solution. Therefore, the correct option is A.

Yanıt Açıklaması: According to article 63 of the Labour Act, the normal weekly hours of work of employees shall be maximum 45 hours.

Yanıt Açıklaması: Official sources of the labour law are the legal sources of labour law that are adopted by the competent authorities with legislative power. The official sources consist of the Constitution, statutes, by-laws and other legislative instruments of minor significance in the field of labour law such as regulations.

Yanıt Açıklaması: Article 2/I defines an employee as a real person who works under an employment contract. So, an employee can not be a legal person. But an employer can be a real person or legal person.

Yanıt Açıklaması: Personal income tax is a direct tax collected by the central government. It is considered as a personal and ordinary tax. As personal income tax has progressive tax rates, it is considered in accordance with ability to pay principle. This tax is not one of the taxes on expenditure.

Yanıt Açıklaması: Although termination by the employee, in principle, does not grant him/her the right to severance allowance, there are exceptions to this rule. Accordingly, in the following cases, termination by the employee will award him/her the right to claim severance allowance if otherconditions are met: ✓ Termination by the employee with a just cause ✓ Termination by the employee for the purpose of performing compulsory military service ✓ Termination by the employee with the objective of receiving old-age pensions or invalidity pension ✓ Termination by the woman employee within one year following the date of her marriage ✓ Termination by trade union officers with a view to perform their union duties ✓ Death of the employee. In case the employment relationship ends due to the death of the employee, severance allowance of the deceased employee shall be paid to his/her heirs.

Yanıt Açıklaması: In the event that the mediator cannot reach the parties, or the parties do not attend the negotiations; or a settlement is reached, or it is understood that a settlement will not be reached as a result of negotiations, the mediator terminates mediation, and immediately informs the relevant mediation office.

Yanıt Açıklaması: In modern economies, taxes are the most important source of governmental revenue. Taxes differ from other sources of revenue in that they are compulsory levies and are unrequited i.e., they are generally not paid in exchange for some specific things, such as a particular public service, the sale of public property, or the issuance of public debt.

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)) Persons who are partially insured under article 5 of the Act No. 5510 consist of persons who, although are not engaged in an activity that awards them the status of a fully insured person, ensures insurance with regard to various insurance schemes due to the high possibility that they may encounter social risksPersons who are partially insured under article 5 of the Act No. 5510 consist of persons who, although are not engaged in an activity that awards them the status of a fully insured person, ensures insurance with regard to various insurance schemes due to the high possibility that they may encounter social risks. Candidate apprentices, apprentices and students of vocational training in enterprises who are subject to the Act No. 3308 on Vocational Training, shall benefit from insurance for occupational hazards and diseases and sickness insurance.

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, and • removal from office.

Yanıt Açıklaması: Among the international sources of labour law, the most common and significant documents consist of the conventions and recommendations of the International Labour Organisation (ILO) which is a special agency of the United Nations with the objective of realizing social justice and improving working conditions of the workers around the world.