March 3-16, 2025 Official Gazette Review

I am sharing a summary of the developments published in the Official Gazette over the last two weeks, between March 3 and March 16, 2025.

The Ministry of Labor and Social Security has published the Regulation on Amendments to the Regulation on Occupational Health and Safety Services to be Carried Out by Employers or Employer Representatives in Workplaces. From now on, an employer or their representative who completes the training defined in the legislation will be able to perform the duties assigned to an OHS specialist or workplace physician, excluding examinations and tests, and will be able to meet the OHS obligation for workplaces in the low-hazard class located in the same province, provided that the total number of employees is less than 50. However, an employer representative may only undertake OHS services for a single workplace where they work under a full-time employment contract.

The Ministry of Labor and Social Security has published the Regulation on Amendments to the Regulation on the Procedures and Principles of Occupational Health and Safety Training for Employees. Henceforth, basic training in workplaces with fewer than 10 employees in the low-hazard class, as well as refresher training for employees in private workplaces with 10 or more employees in the low-hazard class and in workplaces in the hazardous and very hazardous classes, may be provided remotely.

The Competition Authority has published a Public Announcement Regarding Investigations Conducted into the Cinema and TV Series Sector. The announcement states that investigations are being carried out regarding the media and entertainment industry due to monopolization issues that limit and obstruct competition, specifically concerning cinema screening and distribution, cinema and TV series production, the international distribution and YouTube screenings of these productions, casting direction and casting agencies, and subscription-based platforms.

The Competition Board has imposed an administrative fine of approximately 13 million TL on Maçkolik for imposing customer restrictions on its advertising offices and abusing its dominant position. Maçkolik has also been obligated to follow a transparent advertising policy against betting game enterprises and to ensure that advertisements are displayed in a way that does not place these enterprises in a privileged position against their competitors.

The Ministry of Treasury and Finance has published the Communiqué on Amendments to the Communiqué (No: 2008-32/34) Regarding Decree No. 32 on the Protection of the Value of Turkish Currency (Communiqué No: 2025-32/72 and /73). It has been decided that joint-stock companies permitted to conduct transactions within the scope of Communiqué No. 2018-32/45 must back up records obtained through camera and image recording systems weekly at a location different from the existing workplace or by using cloud computing services with the same image quality, and the retention period has been increased from 1 year to 2 years. Furthermore, residents in Turkey have been permitted to determine contract prices and other obligations in foreign currency in movable property sales contracts, excluding vehicle sales contracts concluded among themselves.

The Presidency has published Presidential Circular No. 2025/3 on the Prevention of Psychological Harassment (Mobbing) in Workplaces. In summary, the circular states that those subjected to psychological harassment can apply to the Presidential Communication Center (CİMER), the Grand National Assembly of Turkey Petition Commission, and ALO 170. The Board for Combating Psychological Harassment has been restructured. The circular emphasizes confidentiality and the protection of individuals' private lives during the investigation and inquiry of psychological harassment allegations in workplaces.

The Presidency has published Presidential Circular No. 2025/4 on the Empowerment of Women. With this circular, the Women's Empowerment Coordination Board was established. It is regulated that the board, which will consist of representatives from the Ministry of Family and Social Services, relevant ministries, and various public institutions, will carry out various studies to support the progress of women in economic and social life, identify needs in areas such as education, politics, economy, and working life to develop solution proposals, encourage participation in political and decision-making processes, support women's entrepreneurship and employment, promote programs aimed at increasing social awareness, and establish Provincial Women's Empowerment Coordination Boards.

The Constitutional Court, with its decision dated 5/11/2024 and numbered 2023/158 E. 2024/187 K., annulled the first paragraph of Article 27 of the Law No. 5718 on Private International Law and International Civil Procedure on the grounds that it is unconstitutional. The annulment provision will enter into force after 6 months. According to the annulled provision, if the parties have not made a choice of law in employment contracts containing a foreign element, the law of the workplace where the employee habitually performs their work could be applied to the contract. Additionally, workplaces in countries where the employee works temporarily will not be considered the habitual workplace.

The Central Bank of the Republic of Turkey has published the Communiqué on the Determination of the Discount Interest Rate to be Applied in Rediscount Transactions and the Interest Rate to be Applied in Advance Transactions, and interest rates have been reduced by 5 points each. Thus, the discount interest rate to be applied in rediscount transactions was changed to 43.25% per annum, and the interest rate to be applied in advance transactions was changed to 44.25% per annum.

The Revenue Administration's Taxpayer Services Department has updated the Tax and Insurance Premium Incentive for Young Entrepreneurs, which was published by the Revenue Administration. The regulation is based on Article 20 of the Income Tax Law, which regulates the exemption of a portion of the annual earnings of young people starting new businesses from tax for the first three years, and no changes were made to the regulation other than the exemption amounts. In summary, real persons who are income tax payers for the first time and have not completed the age of 29 as of the start date can benefit from the incentive. While the 2024 exemption amount was 230,000 TL, this amount was determined as 330,000 TL for 2025.

The Ministry of Transport and Infrastructure has published the Regulation on Amendments to the Regulation on Coastal Facility Operation Permits and Coastal Facility Operators. According to the regulation, the site plans of existing coastal facilities that do not have an approved implementation project will be approved by the institution, provided that the requirements in the directive published by the General Directorate of Infrastructure Investments are completed after obtaining permits from the General Directorate for the Protection of Natural Assets of the Ministry of Environment, Urbanization and Climate Change in special environmental protection zones and natural protected areas.

The Ministry of Industry and Technology has published the Regulation on Administrative Requirements for Type Approval of Intelligent Speed Assistance System, Driver Drowsiness and Attention Warning System, Event Data Recorder, Alcohol Interlock Installation Pre-preparation and Advanced Driver Distraction Warning System (EU/2024/1721). According to the regulation, an emergency lane-keeping system for the driver will also be included in vehicles, right next to the alcohol interlock. The alcohol interlock will be based on the principle that drivers must perform a breath test before starting the vehicle, and the vehicle will warn the driver based on the alcohol level after this test; if it measures a high alcohol level, the vehicle will not start.

The Ministry of Labor and Social Security has published the Communiqué on Amendments to the Communiqué on Workplace Hazard Classes Regarding Occupational Health and Safety. With the communiqué, the Workplace Hazard Classes List of the Communiqué on Workplace Hazard Classes Regarding Occupational Health and Safety, published in the Official Gazette dated 26/12/2012, has been changed and updated.

The Constitutional Court, with its decision dated 25/12/2024 and numbered 2024/29 E. 2024/226 K., found the second paragraph of Article 326 of the Code of Civil Procedure No. 6100 unconstitutional regarding non-pecuniary damage lawsuits and annulled it. The decision will enter into force after 9 months. Thus, the calculation of litigation attorney fees that plaintiffs had to pay in cases where the awarded non-pecuniary damages were less than the amount requested in non-pecuniary damage lawsuits has been abolished.

The Ministry of Transport and Infrastructure has published the Regulation on Amendments to the Regulation on Shipyards, Boat Manufacturing and Haul-out Sites. Accordingly, the site plans of existing coastal structures that do not have an approved implementation project will be approved by the General Directorate of Infrastructure Investments, provided that the requirements in the directive published by the General Directorate of Infrastructure Investments are completed following the permits obtained from the General Directorate for the Protection of Natural Assets of the Ministry of Environment, Urbanization and Climate Change in special environmental protection zones and natural protected areas.

With Presidential Decree No. 9595, changes were made to Decree No. 32 on the Protection of the Value of Turkish Currency. The sale of cut (drawn) gold has been prohibited, except for jewelry businesses authorized by the Ministry of Trade and real persons residing in Turkey whose field of activity is precious metal trading. The amount of cash that can be taken abroad has been increased from 25,000 TL to 185,000 TL.

With Presidential Decree No. 9582, the minimum amount for which a VAT refund request can be made has been increased from 2,000 TL to 10,000 TL as of April.

With Presidential Decree No. 9583, while the SCT rate on cigarettes was reduced by Presidential Decree, the fixed tax amount per pack was increased.

The Turkish Patent and Trademark Office has published the Regulation on Amendments to the Regulation on the Implementation of the Industrial Property Law. It has been clarified that each cancellation request can be made for a single registered trademark, and therefore, even if a person owns multiple registered trademarks, separate applications must be made for each of them.