An omnibus law in Turkey has amended insurance provisions of the
Highway Traffic Law No. 2918 to clarify document requirements and
introduce the option of arbitration. It also loosens a legislative
requirement for employees to take annual leave in one continuous
period under the Labor Law No. 4857.
The Law No. 6704 on Putting Pension to the Destitute, Weak and
Helpless Turkish Citizens and Amending Several Laws and Decree Laws
("Omnibus Law"), was published in Official Gazette number
29695, on 26 April 2016.
Changes to the Highway Traffic Law No. 2918
The Omnibus Law introduces changes regarding compulsory
automobile liability insurance:
When applying for compensation, the
claiming party must first apply to the insurer. If the insurer does
not respond to the application in writing within fifteen days, or
the dispute is not solved, the claiming party can choose to either
file a lawsuit, or they may now also initiate arbitration (with the
Insurance Arbitration Commission).
Exceptions for compensations based on
the General Rules on Compulsory Automobile Liability Insurance are
If a traffic accident occurs, the
claiming party must now apply for compensation with the documents
required by the General Rules on Compulsory Automobile Liability
Insurance, rather than an accident and loss report or an
expert's report. However, The General Rules do not list the
specific documents required. The claiming party must apply to the
insurer within ten days of a traffic accident and provide the
relevant documents within a reasonable time.
Changes to the Labor Law No. 4857
It is now legislatively permitted for an employee to use annual
leave in parts (by agreement with the employer), provided one part
is at least ten days long (Article 56(3) of the Labor Law, revised
by Article 16 of the Omnibus Law).
Previously, an employee's entire annual leave allowance
could technically only be used in one part. However, regardless of
this prior legislative requirement, in practice it was possible to
use the annual leave in parts, at the employee's request.
Therefore, the change simply updates the Labor Law to better
reflect common practices.
Please see this link for the full text of the Omnibus
Law (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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