Browsing by Author "Özer, AÖ"

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    THE PUBLIC BANK RESURGENT: PROSPECTS OF DEMOCRATIZATION FOR SUSTAINABLE DEVELOPMENT
    Özer, AÖ; Özel, K
    The termination of private-law based labor contracts has been elucidated within a stringent base of forms and conditions whether they be located within Labor Code No:4857, be it Marine Labor Code No:854; or be it the Legislation for the Press-related employer-employee relationship no:5953. Nevertheless, the theme work-related security, in the aftermath of found its place in or legal framework in the lateral stages to have proceeded as a non-existent term which legal decision makers have opted for not dealing mutual recession which gives the chance to terminate labor contract on a mutual basis, has come onto the stage and entered and consolidated into the implementation decisions of Court of Cassations in Turkey. These kinds of contracts foresee the termination of the contract by means of the payment of payment in lieu of notice and seniority indemnity or the payment of the very identical compensation items coupled with a lump sum payment of two to eight salaries of the employees. It has long been debated about the matter whether of the payment of payment in lieu of notice and seniority indemnity items may be subject to income tax or not. The response by the expertise has been exposed such that the concerning items may be very well subject to taxation as they have not been juxtaposed within exceptional cases items put forth by the Legislation No: 192 paving the way to making of Department of Taxation's decision on the related matters and cases. However, Courts of Taxation' and council of State's have contrastingly pointed out that the payments shall not be subject to taxation as they can be considered within the exceptions given forth and juxtaposed in the Income Taxation Law, No:193, Article 61. The Legislation No:7103 has commenced to regulate the concerning mutual recession matters upon the increasing number of related cases and clearly spelled out the required concession in regard to the matter. By means of the Legislation No: 7162's newly adding the provisional article No:189 into the Legislation No:193, the jurisdiction has granted the chance for the reimbursement of income taxation paid out of the related compensation in the period before March 7th, 2018. Given the framework above, this study strives to shed light upon the problems and remedies for the cases confronted in regard to taxation exceptions about mutual recession along with the principles discussed above.