Changes Made With Omnibus Law numbered 7226

In our legal memorandum[1] dated 31.03.2020, which includes details about the changes brought in the fields of procedural law, labor law and rental law by the Omnibus Law numbered 7226, we hereby present you the summary information and the effective dates of the amendments under the table below.

Omnibus Law Article No. Amended Law Amended/Added Article No. Explanations Regarding the Amendment Effective date
Article 1 Code of Provincial Administration numbered 5442 Additional Article 2 It is regulated that Information and Communication Technologies Authority to share the telephone subscription information and location information of the person with 112 call center and relevant governorships who called (i) the Head of Disaster and Emergency Management or related governorship in the case of disasters and emergencies, (ii) 112 call centers.   26.03.2020
Article 2 Code of Aids to be Made with Measures to Be Taken Due to Disasters Related to Public Life numbered 7269   Additional Article 13 It has been regulated that the President can decide due to a disaster whether the electricity and/or natural gas accrual and/or collections will be delayed up to 1 year in the places where disaster occurred, and that the financing costs of the supply companies for the costs not collected from consumers other than the capital are covered by the budget of the Ministry of Energy and Natural Resources. 01.01.2020
Article 3 Law on Regulations Regarding Turkish Standards Institute numbered 132 10/A It has been regulated that the Institute may employ examiners from outside of the Institute for a limited and temporary time with special knowledge and expertise within the country and abroad. 26.03.2020
Article 4 Income Tax Law numbered 193 75th Article It is regulated that the exchange rate difference will not be taken into consideration in the determination of the amount of the incomes obtained from pension mutual funds established in foreign currency, in which the contribution payments made in foreign currency are deposited. 26.03.2020
Article 5 Identity Notification Law numbered 1774 6th Article It is regulated that the identity reporting obligations can be made to the law enforcements through electronic environment.    26.03.2020
Article 6 Law on Cash Compensation and Monthly Binding numbered 2330   2nd Subclause of 4th Article It has been regulated that if there are sickness or disability cases and employees who have been insured for at least 20 years and have been paid for at least 5000 days of old age and death insurance premiums based on disability pension can also benefit from the pension. 26.03.2020
Article 7 Law on Making, Buying, Selling and Holding Rifles, Shooting Guns and Hunting Knives Used in Hunting and Sports numbered 2521   11th Article The article that determines the principles of manufacturing, stamping, possession and transportation of hunting knives have been abolished and instead, penalties have been issued for those who manufacture shotguns, sport and scoped rifles and pistols without operating permission or against the operating permit. 26.03.2020
Article 8 Law on Making, Buying, Selling and Holding Rifles, Shooting Guns and Hunting Knives Used in Hunting and Sports numbered 2521 2nd Subclause of 12th Article Subclause that regulates penalties for sellers who sell shotguns to those who do not have a purchase document for shotguns is removed. Relevant penalty is added to the Article 11. 26.03.2020
Article 9 Law on Making, Buying, Selling and Holding Rifles, Shooting Guns and Hunting Knives Used in Hunting and Sports numbered 2521 1st Subclause of 13th Article The expression “mediating sales, carrier or transferor” has been changed to “carrier”.                         26.03.2020
Article 10 Law for the Encouragement of Tourism numbered 2634 1st Subclause of 8th Article The procedures and principles regarding the rights and cancellation of the abandonment and the allocation of the immovable properties, with the right of easement issued for the investors are regulated. 26.03.2020
Article 11 Law for the Encouragement of Tourism numbered 2634 Subparagraph number 3 of 37th Article’s C Subclause was added It is determined that the issues related with the building, construction and planning conditions in accordance with the plan, science, health and sustainable environmental conditions of the Tourism and Tourism Conservation and Development Regions, tourism centers and tourism facilities located in the places allocated for tourism, will be regulated by the President. 26.03.2020
Article 12 Law for the Encouragement of Tourism numbered 2634 Provisional Article 10 The authority to assign chief inspector within the Ministry of Culture and Tourism was given to the Minister until 31.12.2020. 26.03.2020
Articles 13-14 Law on Organization of Higher Education Institutions Additional Articles 196 and 202. References made to the Semerkand Science and Civilization University will be deemed to made to the İstanbul Health and Technology University. 26.03.2020
Article 15 Mining Law numbered 3213 Additional Article 19 It has been regulated that the Ministry can decide on the cessation of financial obligations due to force majeure situations, and that the lapse of time and the period of prescription will not function during this period. 01.01.2020
Article 16 Unemployment Insurance Law numbered 4447 Additional Article 3 It is regulated that the duration for covering the document expenses and the exam fee payments for those who are successful in the examination that’s carried out by the institutions authorized by the Ministry for dangerous and very dangerous works will be extended by 2 years. 31.12.2019
Article 17 Unemployment Insurance Law numbered 4447 Provisional Article 22 It has been regulated that Additional Article 6, which contains provisions related to the Tradesmen and Ahi Community Fund, and the provisions of the Tradesman Ahi Community Fund in law numbered 5510, will not be implemented until 01.01.2021. 31.12.2019
Articles 18-19 Personal Pension Savings and Investment System Law numbered 4632 1st Subclause of 5th Article and 1st Subclause of 1st Additional Article It is regulated that the contribution payments can be paid in foreign currency, and in the case of contribution payment paid in foreign currency, the rates can be reduced by the President for up to 10%. 26.03.2020
Article 20 Public Finance and Debt Management Law numbered 4749      1st Subclause of the Provisional Article 20 Changes were made to clarify the meaning of the Article and an arrangement was made to increase the amount of appropriation added to the budget of the Undersecretariat from 25 billion to 50 billion TRL for domestic government bonds. 26.03.2020
Articles 21-22 Law of Associations numbered 5253 1st Subclause of Articles 23 and 32 Associations have been obliged to notify their members to the Associations Unity, and it is regulated that fines will be imposed on the managers of the associations that do not comply. 26.03.2020
Articles 23-24 Law of Associations numbered 5253 Provisional Article 1 and Additional Article 2 It is regulated that the notifications made to the Association Unity regarding the members can be made through electronic environment and the notifications can be made until 6 months from the publication date of this law. 26.03.2020
Article 25 Law on Regulations Regarding Revenue Administration numbered 5345   33rd Article References made to the “General Directorate of Revenues will be deemed to be made to the “Revenue Administration”. 26.03.2020
Article 26 Law on the Use of Renewable Energy Resources for the Purpose of Generating Electric Energy numbered 5346 4th Article Regulations made, regarding the principals of the establishment of renewable energy resource areas and the urgent expropriations. 26.03.2020
Article 27 Law on the Use of Renewable Energy Resources for the Purpose of Generating Electric Energy numbered 5346 6th Article It has been regulated that the procedures and principles regarding the utilization of other revenues within the scope of Renewable Energy Sources Support Mechanism and the tariffs that are implemented for the purpose of encouraging electricity generation from renewable energy sources will be determined by EMRA. 26.03.2020
Article 28 Civil Registry Services Law numbered 5490 1st Subclause of Article 27/a It is made possible to make applications regarding the annulment of the marriage, divorcing or nullity of the marriage decisions given by foreign courts by proxy. 26.03.2020
Article 29 Social Security and General Health Insurance Law numbered 5510 Provisional Article 80 It is regulated that if certain conditions are met, some of insurance premiums from the 2020 period will be paid from the Unemployment Fund on behalf of the employer. 01.01.2020
Article 30 Social Security and General Health Insurance Law numbered 5510 Provisional Article 81 Regulations made regarding the invalidity pension. 26.03.2020
Article 31 Law Regarding the Prevention of Laundering of Crime Revenues numbered 5549                2nd Article A regulation was made regarding the expansion of the definition of inspection personnel and to include them under the scope of Treasury and Finance Experts within the Presidency. 26.03.2020
Article 32 Law on Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of Such Publications numbered 5651 1st Subclause of 8th Article It has been regulated to block the access to the websites, where there is a reasonable suspicion that crimes under the scope of 7258 Numbered Law on the Regulation of Betting and Chance Games in Football and Other Sports Competitions are committed. 26.03.2020
Articles 33-34 Law of Foundations numbered 5737 Article 20 and Provisional Article 14 It has been regulated that the repairing or lease for construction with 6 months’ worth of rental payment warranty and evacuation of the immovable properties belonging to the General Directorate For Foundations and fused foundations. With the Provisional Article, it has been regulated that apart from the warranty clause, the effective date of this provision is the publication date of the law. 01.01.2021
Article 35 Electricity Market Law numbered 6446 12th and 13th Subclauses of Article 5 Subclauses 12 and 13 of the Article 4 of Law on Usage of Renewable Energy Resources on Electricity Production, which regulates the principles regarding renewable energy resource areas to be determined will be determined by the regulation, has been removed. 01.01.2021
Article 36 Electricity Market Law numbered 6446 17th Article It has been regulated that separate tariffs can be determined by the Board to support renewable energy sources in accordance with the characteristic of the consumer and upon the request consumer can benefit from the tariffs determined in order to support renewable energy sources. 26.03.2020
Article 37 Electricity Market Law numbered 6446 Provisional Article 27 References made to the 12 and 13th Subclauses will be deemed to be made to the Article 4 of 5346 Numbered Law. 26.03.2020
Article 38 Recruiting Law numbered 7179   2nd Subclause of Article 39 It has been regulated that for those who are born abroad, reside abroad and have permanent residence permit abroad will be enlisted to the military service in foreign currency. 26.03.2020
Article 39 Physical Development Planning Law numbered 3194 2nd Subclause of Article 42 Administrative fine calculated by square-meter calculation has been added regarding the constructions made against the legislation concerning construction and Subclause a, which regulates old calculation principals, is removed. 26.03.2020
Article 40 Physical Development Planning Law numbered 3194 Provisional Article 23 In accordance with the administrative fine calculation method substituted with the above article, it has been regulated that the amount found with the previous calculation method will be deducted and, if there is excessive collection, it will be returned upon request. 26.03.2020
Article 41 Unemployment Insurance Law numbered 4447 Provisional Article 23 The procedures and principals of the short-term employment application has been regulated. 29.02.2020
Article 42 Law on the Assessment of Treasury’s Immovable Property and Amending the Value Added Tax Law numbered 4706   Provisional Article 25 It has been regulated that the debts to the Ministry of tourism investors and operators certified by the Ministry of Culture and Tourism, who are allocated public land to build tourism facilities by the relevant ministries, are postponed for 6 months. 26.03.2020
Article 43 Labor Law numbered 4857 64th Article It has been regulated that the compensatory working period that the employer can apply has been increased to 4 months and President has been given authority to double this period. 26.03.2020
Article 44 Social Security and General Health Insurance Law numbered 5510 4th Subclause of Article 3 It has been regulated that the household employees and housing doorman to be counted as dependent to the insured. 01.04.2020
Article 45 Social Security and General Health Insurance Law numbered 5510 4th Subclause of Article 88 The criteria for working twenty days have been reduced to eight days, and for employees working for eight days or less, the general health insurance premiums for their missing days have to be completed in thirty days for, part-time or on-call employees who are insured according to the law and employees who work at certain times a day of month and get paid accordingly to hours they work. It has been regulated to exclude those working in the home services and the doorman from the scope of the article. 01.04.2020
Article 46 Social Security and General Health Insurance Law numbered 5510 Provisional Article 18 The regulation was made by changing the phrase “on the date of payment” to “in the month of the feast”, which are in the conditions of income and monthly payment, for those whose income and monthly payments are paid. 26.03.2020
Article 47 Social Security and General Health Insurance Law numbered 5510 Provisional Article 19 The regulation was made that changed the effects to raise the amount of minimum invalidity insurance and old-age insurance from 1000 to 1500 TL. From the beginning of payment period April of 2020 26.03.2020
Article 48 Law on Not Considering Records Regarding Bad Checks and Protested Bills and Credit and Credit Card Debt numbered 5834 Provisional Article 2 It is regulated that the records kept in the Turkey Banks Association Risk Center about real and legal persons who could not pay their credit card payments due to their debts occurred before 23.03.2020 or who have been given a bad check shall not be evaluated by credit and finance organizations if those persons pay the defaulted amount of their debt or restructure their debts until 31.03.2020. 26.03.2020
Article 49 Law on Not Considering Records Regarding Bad Checks and Protested Bills and Credit and Credit Card Debt numbered 5834 Provisional Article 5 The execution of the punishments for those who are convicted due to passing on a bad check are detained, if the conviction occurred before 24.03.2020. The released from the crime shall pay minimum rate of 1/10 of the value of the check in 3 months. The crime shall be eliminated if the unpaid amount is paid in 15 payments with 2 month intervals. 26.03.2020
Article 50 Law on Trade Unions and Collective Bargaining Agreements numbered 356 10th Subclause of Article 26 It is regulated that maximum percentage of the cash amount a union may use for establishment of a grant-based solidarity and aid fund is raised from %25 to %35. 26.03.2020
Article 51 Law on Amending the Digital Service Tax and Certain Laws and 375 Numbered Legislative Decree Law numbered 7194 52nd Article The date of the Accommodation Tax comes into force has been postponed to 01.01.2021 for one year.   26.03.2020
Provisional Article 1 Apart from the exceptions in the article, the time periods regarding procedural and enforcement laws are suspended until 30.04.2020. 26.03.2020
Provisional Article 2 It has been regulated that failure to pay for the rent of workplaces are not going to constitute a reason for eviction or termination of the rental contract from 01.03.2020 to 30.06.2020 26.03.2020

Best regards,

Bozoğlu-İzgi Attorney Partnership


[1] https://www.linkedin.com/company/bozogluizgi/