October 14-20 Official Gazette

I am sharing a summary of developments from the laws, decrees, regulations, circulars, and other legislation issued by the Grand National Assembly of Turkey (TBMM), the President, Ministries, and public legal entities published in the Official Gazette between October 14 and October 20.

The 11th Civil Chamber of the Court of Cassation, with its decision dated June 26, 2024, regarding a reversal in the interest of the law, maintained its principle decision that lawsuits against cargo companies must be heard in Consumer Courts.

The Ministry of Labor and Social Security (ÇSGB) made amendments to the Regulation on the Implementation of the International Workforce Law. This regulation governs the procedures and principles for foreigners working in jobs that will contribute to Turkey's development. With the new regulation, the exemption period for obtaining a work permit for individuals who can provide significant service and contributions to Turkey in economic, socio-cultural, technological, and educational fields has been increased from 6 months to 3 years. Under the previous regulation, exemption applications had to be made within 30 days of entry into the country; they can now be made at any time while legally present in Turkey. The period for re-applying for an exemption under the same application has also been extended from 6 months to 12 months from the initial application. Those under temporary protection and those with humanitarian residence permits have been granted an exemption from obtaining a work permit as long as the Ministry of Interior permits. Furthermore, they have been exempted from application, evaluation, and duration requirements for the same scope. Following the regulation change, with the joint approval of the Ministry of Interior and the Ministry of Labor and Social Security, those under temporary protection and those with humanitarian residence permits may be granted an exemption from obtaining an indefinite and unlimited work permit.

The Ministry of Environment, Urbanization and Climate Change published the new Regulation on Fluorinated Greenhouse Gases and repealed the 2022 regulation. The new regulation was issued to reduce the emission of gases that increase global warming and to support the fight against climate change. The regulation governs all processes of these gases, primarily production, consumption, import, and export. 18 fluorinated greenhouse gases with high greenhouse gas effects have been included in the scope of the Montreal Protocol, and the agreement reached in Kigali, Rwanda, was accepted by Turkey on November 10, 2022. The new regulation appears to be in compliance with the European Parliament and Council Regulation on Fluorinated Greenhouse Gases as part of efforts to align with both the Kigali Amendment and EU legislation. The regulation includes goals to limit the use of fluorinated greenhouse gases, encourage the use of more environmentally friendly alternatives, and ensure transparency in the sector. Reducing hydrofluorocarbons, improving leak detection, and enhancing training and certification are important for our country to fulfill its environmental commitments. However, when you are in a country that does not recognize the law, simply passing laws is not enough. It is necessary to enforce the law through monitoring, auditing, and public pressure. Yet, in a country where even Constitutional Court decisions are not implemented, people unfortunately place their trust in 'connections' rather than the law. I do not believe it is possible to solve any problem with the current legislation/practice paradox without a society that respects the law and laws that are appropriate for society.

The Ministry of National Education amended the Regulation on Lifelong Learning Institutions. The phrase 'cultural values and traditional arts' was changed to 'traditional arts/crafts, clothing and apparel culture, and Turkish culinary culture,' and those outside this scope were removed from the scope of maturation institutes. Buildings belonging to the Ministry within this scope were divided into two: Public Education buildings and Maturation Institute buildings. The phrase 'children living and working on the streets' was changed to 'migration and emergencies.' A demographic structure criterion was introduced for the courses to be provided. The registration age was raised from 13 to 18. Following the change that paves the way for Maturation Institutes, we will notice these institutions more in our daily lives in the near future.

The General Communiqué on Income Tax (328) was published by the Revenue Administration of the Ministry of Treasury and Finance. Accordingly, residential rents will be paid through banks without exception. All daily, weekly, and monthly rentals are included in this scope. Separate administrative fines will be imposed for each irregularity for those who do not comply.

The Teaching Profession Law was published. According to the law, preparatory training for the teaching profession will be provided in academies. To enter this training, it is a requirement to have the ÖYSM scores determined by the Ministry of National Education. The preparatory training will last for three terms for graduates of faculties of education. Those who are successful will be appointed as contract teachers. They will transition to permanent staff after working for three years. Candidates in the academy will be paid a salary of approximately 23 thousand TL. The bill was passed into law by being rushed through the TBMM General Assembly without taking the opinions of Education Unions. Unions are preparing to apply to the Constitutional Court for the annulment of the Teaching Profession Law.

The Ministry of Interior repealed the 1987 Regulation on the Gathering, Working Principles and Procedures of the Smuggling Intelligence Coordination Board.

A Communiqué on the Amendment of the General Communiqué on the Tax Procedure Law was published by the Revenue Administration of the Ministry of Treasury and Finance (571-572). With the new communiqué, the obligation to document payments to prevent informality has now been made applicable to non-taxpayers as well. Penalties have been established for both the buyer and the seller if a receipt or invoice is not obtained in commercial transactions, and the penalties will be calculated by increasing them exponentially if repeated. If a receipt or invoice is not provided, the buyer who reports it to the tax office will be exempt from the penalty; otherwise, the buyer will also be penalized. We will see how appropriate it is for society to be forced into 'informant' roles to prevent informality.

By Presidential Decree (9050), it was decided that some areas in the gold, silver, and copper mining license area in Balıkesir would be urgently expropriated by the General Directorate of Mining and Petroleum Affairs so that the mines subject to the license can continue production. These areas include parcels belonging to Gökçeyazı Village in the İvrindi district and Sarıalan Village in the Altıeylül district of Balıkesir.

By Presidential Decrees (9051-9052), the protection status of the Kızılyaka Natural Site Area in the Ula district of Muğla and the Sarıyer Back-View Interaction Zone 2nd Stage Natural Site Area in Sarıyer, Istanbul, was changed. Following the border and coordinate changes, sensitive areas to be protected were registered and declared.