Lawyer in Turkey: January 2016

Thursday, January 28, 2016

Travelling with your pet to Turkey

A pet, we all know them, small and large. Many of us see their pet as a part of the family.
Mainly when we talk about a cat or a dog we often name their character traits as if we are talking about a human being. Precisely for this reason it is hard to say ‘’goodbye’’ during a holiday period. If there is a good temporary stay found with family, friends or at a kennel, most of us can do without them for 1 or 2 weeks.  But if the stay abroad is for a longer period of time, it becomes a different story and taking your pet with you to your vacation destiny is the best solution.


But the best solution is not always the simplest solution. Good preparation is half the battle, especially when it concerns traveling with pets. To help you a little bit, we have put the key points for you at a glance:

  • First it is important to ensure that your pet is examined by a qualified veterinarian. The vet provides the pet with all necessary vaccinations, health certificates and a pet passport. At the moment it is not necessary for Turkey that you pet has a microchip, but that may well change in the future.
  • The veterinarian must have seen / examined the pet up to 96 hours for transport for the last time.
  • All papers, passport, health certificates and vaccinations should be seen and stamped by the department of agriculture in the country of departure. 
  • Your veterinarian can tell you exactly which vaccinations are needed. Keep in mind that the vaccinations are not older than 6 months before departure and are provided at the latest 15 days before departure.
  • Importing ‘’dangerous’’ breeds like Pit-bull Terrier and Japanese Tosa is prohibited.
  • It is possible for one person to carry up to one cat, one dog, one bird or 10 aquarium fish, without additional charges. When you want to enter multiple animals it is seen as commercial imports and there are other procedures apply. 
  • When the animal is healthy and has the necessary papers, the animal upon arrival in Turkey does not need to be put in quarantine.
  • Most airlines have their own animal transport policy. Please ask before you book to avoid disappointment.

Safe flight for you and your loyal friend!

Thursday, January 21, 2016

Legislative amendment concerning the usage of foreign- plated vehicles in Turkey

The period that a foreigner could use his or her foreign-plated vehicle in Turkey was limited. For retirees this period consisted of maximal 12 months and for non- retirees 6 months.
The temporarily imported car had to leave the country after the date of import and registration; otherwise the owner of the vehicle could get a penalty because of not obeying the law. After this time the vehicle could be brought into Turkey again, however this was only possible after the vehicle was at least for 185 days outside Turkey.

This temporary import regime satisfied the expectations of the ordinary tourist but not that of expat, the semi permanent retiree or the student living and working in Turkey and planning to use their car for longer than 6/12 months.


The good news is that from 3 October 2015 onwards amendment has been made for the retirees as well non- retirees such as expats / students extending the possibility to use foreign-plated vehicles in Turkey from 6/12 months to 24 months. For both groups, retirees as well the non retirees, the maximal period of 24 months is with the introduction of this amendment applicable. Pay attention to the fact that you need to make a specific request to the customs in this respect.

The main condition of bringing a foreign plated vehicle into Turkey is that only those who are domiciled for 185 days within the last 6 months outside Turkey.

In addition not everyone can make use of this car during his stay in Turkey; only the partner, the children or parents of the one that has imported the car may during this period use the car under condition that the importer of the car is staying himself in Turkey. This means that this amendment does not allow importing a car from abroad so that family and friends can easily make use of it. In other words if the importer of the car does leave Turkey without the vehicle within the 24 months, he must station the car at the Customs or leave a written notary commitment to the Customs that no one will use this vehicle . This amendment is perhaps a bit misleading with regard to import cheap cars to Turkey but brought a real advantage for many expats staying in Turkey for a period longer than six months.

More about this issue could be found on the Turkish Customs (Turkish).

Thursday, January 14, 2016

Tourist trap; the purchase of jewels


It often happens that a nice vacation ends with a empty wallet and a feeling of fraud after a visit to a huge jewellery store. The period for the purchase of jewels has started. A sparkling necklace has been sold under the following slogan:                                                              

“jewels for 18 carat gold and decorated with real diamonds for only 9000 Euro!”

Although some feelings of regret arise on the side of the consumer after the purchase, the jewels will be valued upon returning home. The valuation shows that the jewels do not contain the value of the characteristics that the seller had stated. The once so sparkling necklace, ring or bracelet, is not sparkling anymore. The seller has lied about the value of the product and has sold it for an amount that is too high. The jewels do not contain the characteristics that were declared by the seller.  The question that you may ask yourself in this situation is as follows: Is it still possible to refrain from the bad purchase?


It should be noted that the rights concerning the protection of consumers in Turkey was differently regulated than the current regulation in this respect. I would like to refer to one of my previous articles regarding these misleading sales practices. In case of a typically lack of the purchased product, the purchaser had under determination of the sales agreement, the right to demand his money back. This was possible within duration of 30 days starting from the moment that the jewels were sold and delivered to the buyer. In case the buyer did not inform the seller within these 30 days concerning the lack of the product, dissolution of the agreement (due to lack of the characteristics of the good) was not possible anymore and the buyer was bound by that contract. The letter concerning termination and reclaiming the money back had to be sent to the seller within these 30 days.

However with the introduction of the last amendments in the law and regulations, the legislator has extended the period of 30 days with 6 months. With this change it is now possible to dissolve the agreement within 6 months after purchase/delivery date. This right exists as long as you can prove that the jewels do not contain the essential characteristics that have been declared by the seller. This is a real welcome to the right of the consumers.

We advise you to contact the seller by a registered letter about the dissolution of the contract relying on the defects of the jewels. A letter by mail is in this regard not sufficient. You should send the letter by registered mail within 6 months. I advice you to send the termination letter both by mail and by letter. Of course we are at your disposal to assist you with the necessary advice and assistance in this matter.




Tuesday, January 5, 2016

Minimum Wages Turkey 2016 (1st period)

The Turkish government adjusts the minimum wages twice a year. This happens every year on the 1st of January and the 1st of July.

Recently, the Turkish government  has announced the minimum wage for the 1st period of 2016.



The gross salary may consist of:
  • the basic salary in your employment contract has been agreed;
  • the allowances for performance, shifts, irregular hours, standby duty and working conditions;
  • the fixed bonus for the sales you make any payment and you will receive;
  • the rewards of third parties caused by the work.
The total of these amount may not be less than the minimum wage.


MINIMUM WAGE AND THE TOTAL COSTS FOR EMPLOYER
Period 01.01.2016 - 30.06.2016
Gross Salary1.647,00
Social Insurance Employee SGK 14%230,58
Unemployment insurance 1%16,47
Income Tax 15% (*)86,46
Cost of living allowance (agi)123,53
Stamp tax 7,59% (*)12,50
Total Deductions346,01
Net Salary1.300,99

TOTAL COSTS  EMPLOYER 
Gross Salary1.647,00
Employer contribution Social Insurance SGK 15,5%255,29
Unemployment insurance 2%32,94
Total costs employer1.935,23

Table source: www.csgb.gov.tr

Please notify:

  • The mentioned aig is minimum and will increase depending on the number of children and marital status.
  • net salary for apartment staff amounts 1399.95
  • Government has promised inducement  110.10 TL for employers. Additional information will be published in the next few days.