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Vergide Gündem
English Translation

Who is eligible for the lapsed dividend?

The Constitutional Court (AYM) through its decision dated 10/04/2019 and
no.2018/136, K. 2019/21, annulled articles 1, 2, 3 and 4 of the Law no. 2308
finding the objection to the transfer of dividends that are decided to be paid to the
shareholders of the company but not paid as unconstitutional.

Revocation of the Constitutional Court has been grounded on excessive limitation
of the ownership rights of companies by the principle of the transfer of dividends in
nature of lapsed corporate debt to the Treasury.

Following the Constitutional Court decision, the partnership has the right to freely
save on the values that are standing for the provision of lapsed dividends. These
values on which the companies may freely act will be subject to transfer tax.

This is the summary of the article published in the Ekonomist magazine’s issue
2019/33, dated 11.08.2019.

Conditions for receiving unemployment
benefit

Scope of the unemployment insurance

Basically, those within the scope of Article 4 / a of the Social Security Law, recruited
by one or more employers based on a service contract, ie private sector employees
are covered by unemployment insurance. It should also be noted that those
who are subject to private pension funds under the temporary article 20 of the
previous social security law are also covered by unemployment insurance. However,
unemployment insurance regulations are not applied to civil servants and former
Bağ-Kur (social security organization for artisans and the self-employed) members.

Conditions to benefit

In order for the employee to benefit from unemployment insurance when he
becomes unemployed, the required conditions are indicated below;

• unemployed except for his/her own will and fault,

• to be subject to the service contract for the last 120 days before the end of the
service contract,
• unemployment insurance premium should be paid for at least 600 days in the last
three years prior to termination of the service contract,

• applying to the nearest İŞKUR office personally or electronically at www.iskur.gov.
tr within 30 days after termination of the service contract,

In case of failure to apply within this period except for force majeure, the delayed
time in the application is deducted from the total entitlement period.

8 September 2019