Publication
International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Authors:
Mondial | Publication | octobre 2022
We will now examine how organizations can upskill their leaders to meet the specific leadership challenges arising from 'work from anywhere' and hybrid work arrangements.
Norton Rose Fulbright assists organizations to efficiently and effectively address the legal aspects of the new global work environment, including 'working from anywhere' and hybrid work. Please reach out if we can assist your organization in this respect.
Read the full publication, "Work from anywhere: Leadership challenges."
As per the decision of the Minimum Wage Determination Commission dated 1 July 2022, the monthly minimum wage is increased to net TL 5,500.35 and gross TL 6,471 as of 1 July 2022. The total cost of minimum wage for the employer will be gross TL 7,603.43. These amounts will be applicable until the end of 2022.
Upon application of foreign lecturer claiming that their property right under Constitution is violated due to different treatment to foreign lecturers in terms of their entitlement to termination compensation, the Turkish Constitutional Court has underlined that different treatment between lecturers based on their nationality (i.e Turkish or foreigner) does not have an objective and justifiable reason and the prohibition of discrimination guaranteed under article 10 of the Constitution had been violated in connection with the property right regulated under article 35 of the Constitution. In this regard, the Court ruled that the file shall be returned to the local court for the elimination of the result of such a discrimination, and rejected the compensation request of the applicant due to such violation.
Upon application of an applicant working in a subcontractor of a public institution claiming that his freedom of expression right is violated due to termination of its contract with just cause based on his social media post regarding the directors of public institution, the Turkish Constitutional Court ruled that the termination of the contract of the contracted employee with just cause, with a penalty imposed against him violates freedom of expression as the post is not aimed at a specific person. It is further emphasized that the content of such post may have been considered as criticism, as the applicant act as the chairman of an employees' association with the aim of raising the problems of employees in this field. In this regard, the Turkish Constitutional Court ruled that the file shall be returned to the local court for the elimination of the result of such violation.
Publication
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
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