ARTICLE 1. - The purpose of this Law; To meet the professional and technical needs of tradesmen and craftsmen and their employees, to facilitate their professional activities, to ensure their development and professional training in accordance with the general interests of the profession, to ensure honesty and trust prevail in the relations of members of the profession with each other and with the public, to protect professional discipline and morality, and for this purpose To regulate the working procedures and principles of the established chambers of tradesmen and craftsmen, which are public institutions with legal personality, and the unions, federations and confederations that are the parent organizations of these chambers.

Scope

ARTICLE 2. - This Law applies to tradesmen and craftsmen, their employees, the chambers of tradesmen and craftsmen established by tradesmen and craftsmen, and the unions, federations and confederations that are the superior organizations of these chambers.

Definitions

ARTICLE 3. - In the implementation of this Law;

a) Tradesmen and craftsmen: Whether they are mobile or in a fixed place, they are included in the professions of tradesmen and craftsmen determined by the Coordination Board for Determination of Tradesmen and Craftsmen and Merchants and Industrialists, and those who base their economic activities on physical work together with their capital and whose earnings do not qualify as a merchant or industrialist. , those who are taxed in a simple way and those who are subject to bookkeeping on the basis of business account, and those who have professions and arts who are exempt from tax,

b) Ministry: Ministry of Industry and Trade,

c) General Directorate: General Directorate of Tradesmen and Craftsmen of the Ministry of Industry and Trade,

d) Chamber: Specialized and mixed chambers of tradesmen and craftsmen to be established by tradesmen and craftsmen,

e) Specialized chamber: Chambers of tradesmen and craftsmen established in provincial centers or districts by tradesmen and craftsmen operating in the same profession,

f) Mixed room: Rooms to be established by tradesmen and craftsmen in different professions who cannot reach the number to establish a specialized room,

g) Branch: Service units that will be opened in districts where a chamber cannot be established by the Union and will carry out the transactions of tradesmen and craftsmen there,

h) Liaison office: Offices opened by specialized chambers and mixed chambers in districts within their work areas,

i) Union: Unions of chambers of tradesmen and craftsmen established in the provincial centers in order to ensure the solidarity between the chambers of tradesmen and craftsmen established in the same province, to ensure that these chambers work and develop in cooperation and harmony throughout the province, and to represent the tradesmen and craftsmen of that province,

j) Federation: Federations of tradesmen and craftsmen established by chambers of tradesmen and craftsmen established in the same profession in order to meet the professional needs of their members and to ensure that they can carry out their work and development in cooperation and harmony throughout the country,

k) Confederation: To ensure unity among the chambers, unions and federations of tradesmen and craftsmen, to ensure development and progress, and to organize the work of tradesmen and craftsmen in general in a professional manner and in accordance with the public interest, and to take all necessary measures and initiatives in this regard, to organize professional activities, It was established to improve their education, to represent tradesmen and craftsmen nationwide and internationally, to take the necessary initiatives before national and international institutions and organizations to solve their problems, to take professional measures that will be deemed necessary in parallel with the developments in the national economy, and to carry out the duties assigned by the Ministry regarding tradesmen and craftsmen. Confederation of Turkish Tradesmen and Craftsmen,

l) Professional organizations of tradesmen and craftsmen: Chamber, union, federation and Confederation,

m) Registry: Tradesmen and Craftsmen Registry Directorate, which was established as a separate unit within the union to operate within the administrative borders of the province where it is located,

n) Registry Gazette: Turkish Tradesmen and Craftsmen Registry Gazette,

o) Minimum wage: Gross minimum wage applied to workers over the age of sixteen,

p) Ministry e-tradesmen and craftsmen database: The system that enables the transactions and services of tradesmen and craftsmen professional organizations to be carried out electronically,

It expresses.

 

PART TWO

Tradesmen and Craftsmen Professional Organizations

FIRST PART

Chamber of Arts and Craftsman

Establishment of chambers

ARTICLE 4. - Chambers are established with the request of at least five hundred people from arts, services and professions and tradesmen working in the place where the chamber is intended to be established, and with the permission of the Ministry. The title of the chamber includes the phrase tradesman, craftsman or tradesman and craftsman.

The chamber establishment minutes and the chamber articles of association prepared by the Ministry in accordance with the sample prepared in the Ministry's e-tradesmen and craftsmen database are attached to the application petition to be submitted to the local authority regarding the establishment of the chamber. In addition, all information of the chamber's founding members is completely entered into the Ministry's e-tradesmen and craftsmen database. The chamber establishment minutes and articles of association are drawn up and signed under the supervision of the registry director. Chamber establishment

The registry manager is responsible for whether the transactions are truthful or not.

The local authority examines the establishment request within fifteen days and sends the establishment documents together with its opinion to the Ministry. The Ministry obtains the opinion of the relevant union regarding the establishment request. If the Ministry does not notify whether it has given permission for the establishment within one month, the chamber is deemed to have been established.

Membership in the old chamber of those who are among the members of the established chamber but have left other chambers ends and their files are transferred to the newly established chamber of which they are members within one month.

In mixed chambers, professional committees can be established upon the request of the chamber and the approval of the union.

Working zone of rooms

ARTICLE 5. — The working area of the chambers is the administrative borders of the district in which they are located.

The working area of the chambers established in metropolitan provincial centers with more than one district is the administrative borders of the districts included in the metropolitan city.

More than one room with the same subject of activity cannot be established in the same work area.

The work zone determines the activity limits of the chambers, and the professional activities of tradesmen and craftsmen cannot be limited to the work zone.

Chambers may open a liaison office within their work area, with permission from the association, provided that they bear all responsibility.

Registration in the room

ARTICLE 6. - Tradesmen and craftsmen cannot be registered in the chamber in any way unless they are registered in the registry. Information about tradesmen and craftsmen registered in the registry is provided by the registry; electronically, to the specialized chambers related to their professions and arts in the place where their workplaces are located, and those whose workplaces are mobile, in their place of residence; The information of those who do not have a specialized room related to their profession and arts is sent to the mixed room for registration. The relevant chamber board of directors makes membership decisions regarding these people at its first meeting.

The records of tradesmen and craftsmen in places where it is not possible to establish a chamber because the quorum for chamber establishment is not reached are kept by the union. The services provided by the chambers to tradesmen and craftsmen are provided by the union by opening branches in the districts.

Tradesmen and craftsmen who operate in more than one field in the same workplace register to the chamber related to their main activity. However, if the member wishes, he/she can register to the chambers related to his other activities through the registry, provided that he fulfills his obligations.

Those registered in the chamber of tradesmen and craftsmen, chamber of commerce and industry within the Union of Chambers and Commodity Exchanges of Turkey, chamber of commerce, chamber of industry, chamber of maritime commerce; Those registered in these chambers cannot be registered in the chamber of tradesmen and craftsmen. Partners of capital companies cannot be registered as members of the chambers of tradesmen and craftsmen, unless they have other tradesmen and craftsmen activities, just because of their partnership in the company.

Membership conditions

ARTICLE 7. - The following conditions are required for chamber membership:

a) To be a citizen of the Republic of Turkey or to be a foreign national and to be engaged in arts and commerce in Turkey.

b) Having the capacity to exercise civil rights.

c) Being a taxpayer or exempt from tax.

d) Not being registered in the chambers within the Union of Chambers and Commodity Exchanges of Türkiye.

Termination of membership

ARTICLE 8. - In the following cases, the board of directors decides to delete the member's chamber registration, the situation is notified to the registry and the registration is deleted, and the member whose registration has been deleted is notified in writing by the chamber to the workplace or residence address notified to the chamber by the member within ten days.

a) Those who permanently leave the working area of the room.

b) Those who have lost any of the conditions specified in Article 7 or who are later understood to not have any of these conditions.

c) Those who are permanently banned from practicing their art or profession.

d) Those who have their tax liability canceled and who do not re-establish their tax liability within six months.

Among those whose memberships have been deleted by the registry, chamber memberships of those who regain their membership status are re-established by the registry. The rights previously acquired by the member whose membership is re-established in this way continue as they are. However, those who are employed in the authorized bodies of professional organizations of tradesmen and craftsmen, but whose membership in the chamber is interrupted due to the above reasons, will automatically terminate their duties in the authorized bodies. Even if these people regain their membership, their membership of the authorized body for that period will not continue.

organs of chambers

ARTICLE 9. - Chamber organs are as follows:

a) General assembly: It consists of members who have registered to the chamber at least six months before the general assembly meeting date and are included in the list of those who will attend the general assembly meeting, which will be taken from the Ministry's e-tradesmen and craftsmen database by the relevant tradesmen and craftsmen professional organization.

b) Board of directors: It consists of seven people, including the president, in chambers with fewer than 1000 members, nine in chambers with 1000-2000 members, and eleven people in chambers with more than 2000 members, and is elected among the members of the general assembly to serve for a period of four years. The same number of alternate members are selected.

c) Inspect

Board of Directors: It consists of three people to be elected from among the members of the general assembly to serve for a period of four years. The same number of alternate members are selected.

Duties and powers of the chamber general assembly

ARTICLE 10. - The duties and powers of the chamber's general assembly are as follows:

a) To elect the president of the chamber, the main and substitute members of the board of directors and the audit board.

b) To examine, accept or reject the board of directors activity report, audit board report, balance sheet and income and expense accounts.

c) To acquit the board of directors and the audit board.

d) To examine the work program of the new term, the vocational training, theoretical and practical course programs of the members who will take part in this program and the estimated budget, and to accept them as is or with changes.

e) To decide whether to file a lawsuit against the members of the body who are found to be legally and criminally responsible due to their transactions and actions, and whether they should remain in office or not.

f) To decide on changes to the chamber's articles of association issued by the Ministry, based on the preliminary permission to be obtained from the Ministry by the board of directors.

g) To approve the decision of the board of directors regarding the founding of the federation that may be established in the field of professional activity of the chamber.

h) To decide on the termination proposal based on the preliminary permission received from the Ministry.

i) To decide to educate students, primarily in branches related to their fields of activity, within their means, to provide aid to organizations operating for the public good, provided that it does not exceed 10% of the previous year's gross income, and to chamber members in need, provided that it is based on documents or other evidence.

j) To decide on the purchase and sale of real estate and all kinds of vehicles and borrowing money in exchange for real estate in order to realize the purpose of its establishment, provided that the consent of the union to which it is affiliated is obtained.

k) It has decided to establish a foundation to participate in companies and cooperatives that have been established or to be established for the limited purpose of meeting the common needs of its members, to facilitate their professional activities and to ensure the development of the profession in accordance with general interests, and to establish education and training institutions in accordance with their purposes, provided that the consent of the union to which it is affiliated is obtained. To authorize the board of directors to carry out the transactions in this regard.

l) To accept or reject mandatory professional decisions proposed by the board of directors.

Duties and powers of the chamber board of directors

ARTICLE 11. — The duties and powers of the chamber board of directors are as follows:

a) To carry out chamber affairs in accordance with the legislation and general assembly decisions.

b) To fulfill the duties assigned by the Ministry in accordance with the legislation.

c) To prepare the work program for the new term, the vocational training, theoretical and practical course programs of the members who will take part in this program, and the estimated budget and to present it to the general assembly.

d) To make a proposal to the general assembly to be forwarded to the association to which it is affiliated, regarding making mandatory professional decisions.

e) To keep the records of the chamber members and to keep this information completely and accurately available at all times by updating it in the Ministry's e-tradesmen and craftsmen database, to organize the documents requested by the members in computer environment, and also to provide the information requested by the official authorities about the work subjects of the members.

f) To take initiatives before public and private organizations to protect the rights of chamber members in matters within their scope of work, and to represent the chamber, through the chamber president, before judicial and administrative jurisdictions on matters concerning the professional interests of its members.

g) To collect annual dues from chamber members electronically,

h) To take the necessary measures in order to ensure the development of the members in their fields of work and to meet their needs, to organize courses and to make proposals to the general assembly to establish the necessary facilities in this regard, and to follow up this information by updating it in the Ministry's e-tradesmen and craftsmen database.

i) To appoint and assign any representative requested by official and private authorities.

j) To propose to the general assembly the amendments to the chamber articles of association that have received prior permission from the Ministry.

k) To decide on the appointment, promotion, punishment and dismissal of the secretary general and other personnel, and to follow up the personnel information by updating it in the Ministry's e-tradesmen and craftsmen database.

l) To check the quality of the goods and services produced by the members of the chamber, whether they are produced in accordance with the standards and health conditions and whether the fee schedules are complied with, upon the application of the relevant persons or directly or through experts, and to give written warning to the members whose behavior is determined to be contrary to professional practice, and in case of repetition, to the relevant persons. To notify the disciplinary board of the union, to take the necessary measures for the protection of consumers and to examine the complaints made to the chamber about its members on this matter.

m) To resolve disputes that may arise between chamber members and customers, and to refer the issue to the union disciplinary board in cases requiring punishment.

n) Accounting transactions

To carry out its duties in a computer environment and to provide the documents prepared and approved in line with the requests of the members by using the computer system.

o) Providing vocational training to tradesmen and craftsmen who are new to the profession, and issuing vocational qualification certificates to be given to the relevant municipality so that they can start their commercial activities and obtain business licenses; To provide consultancy to its members on professional matters.

p) To appoint members to arbitration committees in case of disputes arising in the districts in the relations of chamber members with their customers, if the issue has been referred to arbitration committees.

r) To send the balance sheet and income and expense account statement to the union and federation to which it is affiliated by the end of February, and the general assembly documents within ten days following the general assembly.

Duties and powers of the chamber audit board

ARTICLE 12. - The duties and powers of the chamber audit board are as follows:

a) To examine whether the duties assigned by this Law and the decisions taken at the general assembly are fulfilled by the board of directors.

b) To examine whether chamber operations are carried out within the framework of the legislation and the chamber's articles of association.

c) To examine whether the duties assigned by the Ministry and the chamber's superior organizations are fulfilled.

d) To check whether the annual dues of the chamber are collected from the members on time and to report to the general assembly about the transactions and accounts of the chamber.

e) To check that the chamber's member records are kept in the Ministry's e-tradesmen and craftsmen database, with sufficient information.

f) To call the general assembly for an extraordinary meeting.

Members of the audit board fulfill the duties and powers specified in paragraphs (d) and (f) above with an absolute majority.

Relations with public and private organizations

ARTICLE 13. - The documents required by public and private organizations from merchants and industrialists regarding their professional activities and stipulated in Article 26 of Law No. 5174 dated 18.5.2004 are issued and given to tradesmen and craftsmen by the chamber to which they belong.

In decisions to be taken by official authorities on matters concerning the professional activities of tradesmen and craftsmen, the opinion of the relevant chamber is used and it is mandatory for the chamber representative to participate in the commissions to be established.

Municipalities; In order to issue a license, tradesmen and craftsmen who want to open a business or engage in professional activities must request a registry certificate and a document from the relevant chamber proving that they are members.

Public institutions and organizations, municipalities, public economic enterprises, tradesmen and craftsmen credit and guarantee cooperatives and banks must request the relevant chamber document proving that they are members in license, tender and loan transactions regarding chamber members.

Income of the chambers

ARTICLE 14. — The incomes of the chambers are as follows:

a) Registration fee.

b) Annual dues.

c) Fees to be charged for the services provided and the documents to be issued and approved in return for the tariff fees determined by the Confederation.

d) Professional qualification certificate fees.

e) Publishing revenues.

f) Exam fees.

g) Incomes of organizations and affiliates to be established to realize the purpose of the Chamber.

h) Consultancy, training, course and social activity income to be organized by the Chamber.

i) Income obtained from accounting work.

j) Interest and other income.

k) Donations and aid.

Termination, liquidation and cancellation

ARTICLE 15. - The reasons for the termination of chambers are as follows:

a) The number of members falls below one hundred.

b) Failure to correct the general assembly decisions contrary to the legislation within two months despite the warning to be made by the Ministry.

c) Failure to improve the financial situation of the chamber within one year, despite the written warning to be issued upon the union's determination that it cannot generate sufficient income to meet the annual mandatory expenses determined by the Confederation.

d) The number of remaining members falls below two hundred as a result of tradesmen and craftsmen belonging to the same profession, which are within the scope of the chamber's field of activity, establishing separate chambers over time.

Chambers are terminated by the decision of the competent civil court of first instance, upon the proposal of the Ministry, for the reasons stated above.

By the committee appointed by the union to which the chambers dissolved in accordance with the above provisions are affiliated, the remaining amount and real rights after the debts are paid from their own assets, the receivables are collected and the liquidation expenses are met, are transferred to the union by the committee with a report. If it is later understood that the establishment of the chamber is not in accordance with the procedure, the establishment of the chamber is canceled by the Ministry without requiring any time period. In case the establishment of the chamber is canceled, the assets of the chamber are transferred to the union. Member registry books of the chambers that have been dissolved or whose establishment has been canceled are kept by the union.

 

SECOND PART

Unions of Chambers of Tradesmen and Craftsmen

Establishment of unions

ARTICLE 16. - A union of chambers of tradesmen and craftsmen shall be established in each provincial centre.

The union's articles of association, drawn up in accordance with the sample prepared by the Ministry, are submitted to the governorship of that place with a petition. governorship ten

It carries out the necessary research within five days and sends the documents to the Ministry for establishment approval.

The union is established following the approval of its articles of association by the Ministry. The opinion of the Confederation is taken in Union establishments.

More than one union cannot be established in a province.

Working area of the union

ARTICLE 17. — The Union working region is the administrative borders of the province in which it is established. The chambers in the work area are responsible to the union for their activities.

Registration to the union

ARTICLE 18. - Chambers must register with the union in which they are located within their working area within one month following the establishment of the union, and newly established chambers must register within the same period from the date of their establishment. Chambers that do not fulfill the registration requirement are registered ex officio by the union and this situation is notified to the relevant chamber in writing.

organs of the union

ARTICLE 19. - The bodies of the Union are:

a) General assembly: It consists of the president and board members of the chambers established at least six months before the date of the general assembly, the current president of the union, and members of the board of directors and audit.

b) Board of presidents: It consists of the presidents of the chambers that are members of the Union.

c) Board of directors: It consists of five people for those with 25 or less rooms, including the chairman, seven people for those with 26-50 rooms, nine people for those with 51-120 rooms, and eleven people for those with 121 or more, and is elected among the members of the general assembly to serve for a period of four years. . The same number of alternate members are selected.

d) Audit board: It consists of three people in the chambers with 50 or fewer members, and five people in those with 51 or more members, to be elected from among the members of the general assembly to serve for a period of four years. The same number of alternate members are selected.

e) Disciplinary board: It consists of three people for those with 50 or fewer rooms, and five people for those with 51 or more rooms, and is elected from among the members of the general assembly to serve for a period of four years. The same number of alternate members are selected.

Duties and powers of the union general assembly

ARTICLE 20. - The duties and powers of the general assembly of the Union are as follows:

a) To elect the president of the union and the main and substitute members of the management, audit and disciplinary board.

b) To examine, accept or reject the board of directors activity report, audit board report, balance sheet and income and expense accounts.

c) To acquit the board of directors and the audit board.

d) To examine the study program for the new term, the training, theoretical and practical course programs and the estimated budget to be included in this program, and to accept them as they are or with changes.

e) To decide whether to file a lawsuit against the members of the body who are found to be legally and criminally responsible due to their transactions and actions, and whether they should remain in office or not.

f) To decide on changes to the union's articles of association prepared by the Ministry, based on the preliminary permission to be obtained from the Ministry by the board of directors.

g) To decide to educate students within their means, to provide social aid to organizations that serve the public interest, provided that it does not exceed 10% of the previous year's gross income, and to provide in-kind and cash aid to member chambers with insufficient budgetary means, provided that they document their situation.

h) To decide on the purchase and sale of real estate and all kinds of vehicles and borrowing money in exchange for real estate in order to realize the purpose of the establishment.

i) To participate in companies and cooperatives that have been established or will be established for the limited purpose of meeting the common needs of member chambers and members, to facilitate their professional activities and to ensure the development of the profession in accordance with general interests, to decide to establish foundations to establish education and training institutions in accordance with their purposes, and to take action in this regard. To authorize the board of directors to execute.

j) To keep the information regarding its activities by updating it in the Ministry's e-tradesmen and craftsmen database.

Union presidents board

ARTICLE 21. - Union board of presidents; It is a consultative body and makes recommendations to the union's board of directors on issues related to the tradesmen, craftsmen and chambers in the union's working area.

The chairman of the board of directors of the union is also the chairman of the board of presidents. In the absence of the chairman, the vice chairman of the authorized union board of directors shall preside over the meeting.

The board meets spontaneously once a year in September with the majority of its members, and can meet at any time, if necessary, with a written call from the president of the union or the majority of the board of presidents.

Duties and powers of the union board of directors

ARTICLE 22. - The duties and powers of the Union board of directors are as follows:

a) To carry out the affairs of the Union in accordance with the legislation and general assembly decisions.

b) To fulfill the duties assigned by the Ministry and the Confederation in accordance with the legislation.

c) To prepare the new term work program and budget, balance sheet and income and expense tables and present them to the general assembly.

d) To examine the transactions of the chambers and notify them about the necessary measures to be taken, whenever deemed necessary, in order to ensure that the work of the chambers is carried out within the principles of the legislation and the chamber's articles of association.

e) The Ministry provides the necessary information about the chambers to e-tradesmen and craftsmen and

To ensure that the information is kept regularly and to fulfill the requests of official authorities in this regard.

f) To ensure the development of the chambers, to take the necessary measures to meet their needs and difficulties, to take initiatives in this regard before official and private authorities, to represent the union as the president of the union before judicial and administrative judicial authorities on matters concerning its general professional interests.

g) To examine the reports prepared regarding the negativities and disagreements that arise in the chambers and between the chambers and to resolve the issue.

h) Buying and selling real estate and all kinds of vehicles and borrowing money to achieve the purpose of the chambers' establishment; To examine and decide on requests to establish companies, foundations and cooperatives and to join already established ones.

i) To appoint and assign any representative requested by official and private authorities.

j) To decide on the appointment, promotion, punishment and dismissal of the secretary general and other personnel and to follow up the personnel information by updating it in the Ministry's e-tradesmen and craftsmen database.

k) To convey to the Confederation the professional practices, traditions and professional decisions that must be followed within the work area, together with his own opinion.

l) To ensure that the union participation fee and registration fee are collected electronically from member chambers.

m) To ensure that the registry procedures are carried out by tracking the transactions regarding tradesmen opening, closing a business or changing their profession through the Ministry's e-tradesmen and craftsmen database.

n) To examine and conclude the complaints of tradesmen and craftsmen coming from the chambers or, if deemed necessary, to refer the issue to the Confederation.

o) To appoint members to arbitration committees in case of disputes arising in the provinces in the relations between tradesmen and craftsmen and their customers, if the issue has been referred to arbitration committees.

p) To provide consultancy services to the member chambers, current members of these chambers and people who will start their tradesmen and craftsmen activities.

r) To examine the year-end balance sheets and income and expense statements received from member chambers, to make guiding recommendations to the chambers and to evaluate them in accordance with paragraph (c) of Article 15; To send the balance sheet and income and expense account statement to the Confederation by the end of February, and the general assembly documents within ten days following the general assembly.

Duties and powers of the union audit board

ARTICLE 23. - The duties and powers of the Union audit board are as follows:

a) To examine whether the duties assigned by this Law and the general assembly decisions are fulfilled by the board of directors.

b) To examine whether the union's transactions are carried out within the framework of the legislation and the union's articles of association.

c) To examine whether the duties assigned by the Ministry and the Confederation in accordance with the legislation are fulfilled.

d) To check whether the union registration fee and participation fees are collected from the member chambers on time and to report to the general assembly about the transactions and accounts of the union.

e) To examine the accounts and transactions of the chambers affiliated to the Union upon the request of the Ministry.

f) To call the general assembly for an extraordinary meeting.

Members of the audit board fulfill the duties and powers specified in paragraphs (d) and (f) above with an absolute majority.

Disciplinary board and disciplinary penalties

ARTICLE 24. - The union disciplinary board is authorized to investigate the actions and transactions of the chamber members of the union that are incompatible with professional ethics during their professional activities and to impose disciplinary penalties specified in this article according to the nature and severity of the situation.

The disciplinary board elects a chairman from among its members. The secretarial duties of the disciplinary board are carried out by the union. If there is a decrease among the members of the disciplinary board, the substitute members who received the most votes in the general assembly election are called to the disciplinary board in writing by the disciplinary board, in order according to the list, in case of equality of votes.

Disciplinary punishment cannot be given without taking the member's written defense. A member who does not defend himself within the period given by the disciplinary board, which is not less than seven days, is deemed to have given up his right to defend.

The disciplinary board begins investigating the notices and complaints received within one month at most and concludes them within three months at the latest.

The penalties imposed by the disciplinary committee are notified to the relevant parties in writing within ten days. Those concerned may file a lawsuit against this decision with the competent administrative court within fifteen days from the date of notification. The filing of a lawsuit does not stop the execution of the penalty imposed by the administration. In cases where it is not deemed necessary, the case is concluded as soon as possible by examining the documents. An appeal may be made to the regional administrative court against the decisions made by the competent administrative court. The decisions of the regional administrative court are final.

The penalties to be given to chamber members by the union disciplinary board are as follows:

a) Warning penalty: Those who act incompatible with the honor and dignity of their profession, fail to fulfill their membership duties and obligations to the chamber.

It is a written notification that the member who does not comply with the rules, who acts or speaks against the reputation of the chamber of which he is a member and other professional organizations of tradesmen and craftsmen, and who behaves contrary to decency and courtesy in his relations with customers or other people, should be more careful in his professional activities and behavior. If the member repeats the act requiring a warning within one year, he/she will be punished with a reprimand.

b) Reprimand penalty: It is a written notification to a member who does not fulfill his commitments to his customers and other persons, or who makes unfair accusations against them, who deceives his customers and other persons, who knowingly does not use regular measuring and weighing instruments, that he is flawed in his professional activities and behavior. If the member repeats the act requiring reprimand within one year, he/she will be penalized with a fine.

c) Fine: The member is punished with a fine for acting contrary to the decisions taken in accordance with the legislation by the Ministry, the local administrator, professional organizations of tradesmen and craftsmen and receiving repeated reprimands. Fines are recorded as income to the union. The fine to be imposed is twice the annual fee determined in accordance with Article 61. If the member's actions and behaviors that require a fine are repeated within one year, regardless of whether it is the same action or behavior, the penalty will be five times the annual membership fee.

d) Penalty of temporary or long-term expulsion from chamber membership: Temporary or long-term expulsion from chamber membership in case the member engages in disgraceful and shameful acts that are incompatible with his status as a tradesman and craftsman, or acts and behaviors that disrupt peace, tranquility and working order, being unable to carry out his professional activities during this period.

Temporary dismissal penalty is less than one month, more than six months; Long-term expulsion penalty cannot be less than six months and more than two years.

Union revenues

ARTICLE 25. - The incomes of the Union are as follows:

a) Registration fee to be collected from chambers affiliated to the Union.

b) Participation fees to be paid by the chambers affiliated to the Union.

c) Publishing revenues.

d) Donations and aid.

e) Incomes of organizations and affiliates to be established to realize the purpose of the Union.

f) Income from consultancy to be given and social activities to be organized by the Union.

g) Income from vocational courses, exhibitions and fairs to be organized by the Union.

h) Fines.

i) Income in exchange for services with a document to be prepared and approved according to the fee schedules determined by the Confederation.

j) Initial registration fee to the registry.

k) Shares to be collected from registration fees.

l) Interest and other income.

 

THIRD PART

Federation of Tradesmen and Craftsmen

Establishment of the Federation

ARTICLE 26. - In order to establish a federation, the general assemblies of 60% of the chambers established in the same profession throughout the country must decide to establish a federation and the number of founding chambers must not be less than 40.

The founders submit the federation articles of association, which they will prepare in accordance with the sample prepared by the Ministry, to the Ministry together with a petition. In federation establishments, the opinion of the Confederation is taken.

Federation; It is established after the articles of association are approved by the Ministry. More than one federation cannot be established on the same activity.

The headquarters of the federations are in Ankara.

Registration to the Federation

ARTICLE 27. - After the federation is established, chambers that have been established in the same profession or will be established later must register with the federation within one month from the date of establishment.

The registration of chambers that do not fulfill the registration obligation is made ex officio by the federation and the relevant chamber is notified in writing.

Organs of the Federation

ARTICLE 28. - The bodies of the Federation are:

a) General assembly: It consists of the chairman and members of the board of directors of the chambers established at least six months before the date of the general assembly of the federation, the current chairman of the federation, and members of the board of directors and supervisory board.

b) Board of directors: It consists of nine people, including the chairman, for those with 75 or fewer rooms, eleven for those with 76-125 rooms, and thirteen people for those with 126 or more rooms, and is elected among the members of the general assembly to serve for a period of four years. The same number of alternate members are selected.

c) Audit board: It consists of three people to be elected among the general assembly members to serve for a period of four years. The same number of alternate members are selected.

Duties and powers of the federation general assembly

ARTICLE 29. - The main duties and powers of the general assembly of the Federation are as follows:

a) To elect the president of the federation, the main and substitute members of the board of directors and the audit board.

b) To examine, accept or reject the board of directors activity report, audit board report, balance sheet and income and expense accounts.

c) To acquit the board of directors and the audit board.

d) To examine the study program for the new term, the training, theoretical and practical course programs and the estimated budget included in this program, and to accept them as they are or with changes.

e) Legal due to their transactions and actions.

and to decide whether to file a lawsuit against the body members who are found to be criminally responsible and whether they should remain in office or not.

f) To make a proposal to the Confederation in order to resolve the negativities and disagreements that may arise in the member chambers and between the member chambers regarding the execution of their professions and arts, and to ensure that professional decisions are taken that the member chambers must comply with.

g) To decide to take the necessary measures in order to meet the professional development and needs of the member chambers and their members, to organize the necessary courses, seminars, fairs and similar cultural and social activities in this regard, to establish facilities, and to become a member of international organizations by obtaining permission from the Ministry with the approval of the Confederation.

h) To decide to educate students within their means, to provide social aid to organizations that serve the public interest, provided that it does not exceed 10% of the previous year's gross income, and to provide in-kind and cash aid to member chambers with insufficient budgetary means, provided that they document their situation.

i) To decide on buying and selling real estate and all kinds of vehicles and borrowing money in exchange for real estate in order to realize the purpose of the establishment; To keep information about all these activities by updating them in the Ministry's e-tradesmen and craftsmen database.

j) To participate in companies and cooperatives that have been established or will be established for the limited purpose of meeting the common needs of member chambers and members, to facilitate their professional activities and to ensure the development of the profession in accordance with general interests, to decide to establish foundations to establish education and training institutions in accordance with their purposes and to carry out transactions in this regard. To authorize the board of directors to execute.

Duties and powers of the federation board of directors

ARTICLE 30. - The duties and powers of the Federation board of directors are as follows:

a) To carry out the affairs of the Federation in accordance with the legislation and general assembly decisions.

b) To fulfill the duties assigned by the Ministry and the Confederation in accordance with the legislation.

c) To prepare the new term work program, the training, theoretical and practical course programs and the estimated budget to be included in this program, and submit it to the approval of the general assembly.

d) To examine the work of the member chambers, when deemed necessary, and to notify about the administrative and financial measures to be taken, and to inform the union to which the chamber is affiliated, in order to ensure that it is carried out within the principles of the legislation and the chamber's articles of association.

e) To ensure that the necessary information about the personnel working in the Federation and the members of the chambers is regularly kept in the Ministry's e-tradesmen and craftsmen database and to fulfill the requests of official departments in this regard.

f) To ensure the professional information and training of its member chambers and members, to make necessary initiatives and contacts before official and private authorities, to represent the federation through the president of the federation before judicial and administrative judicial authorities on matters concerning the general professional interests of its members.

g) To decide on the appointment, promotion, punishment and dismissal of the secretary general and other personnel.

h) To appoint and assign representatives requested by public and private authorities.

i) To take necessary and beneficial measures for the development of member chambers and to establish the necessary facilities.

j) To ensure the electronic collection of the Federation participation fee and registration fee from member chambers.

k) To send the balance sheet and income and expense account statement to the Confederation by the end of February, and the general assembly documents within ten days following the general assembly.

Duties and powers of the federation audit board

ARTICLE 31. - The duties and powers of the Federation audit board are as follows:

a) To examine whether the duties assigned by this Law and the decisions taken at the general assembly are fulfilled by the board of directors.

b) To examine whether the federation transactions are carried out within the framework of the legislation and the federation articles of association.

c) To examine whether the duties assigned by the Ministry and the Confederation in accordance with the legislation are fulfilled.

d) To check whether the federation registration fee and participation fees are collected from member chambers on time and to report to the general assembly about the transactions and accounts of the federation.

e) To call the general assembly for an extraordinary meeting.

Members of the audit board fulfill the duties and powers specified in paragraphs (d) and (e) above with an absolute majority.

Federation's revenues

ARTICLE 32. - The incomes of the Federation are as follows:

a) Registration fee and participation fees to be collected from chambers affiliated to the Federation.

b) Publishing revenues.

c) Donations and aid.

d) Incomes of organizations and affiliates to be established to realize the purpose of the Federation.

e) Social activity income to be regulated by the Federation.

f) Income from vocational courses, exhibitions and fairs to be organized by the Federation.

g) Provisions for documents and services to be issued and approved in return for tariff fees determined by the Confederation.

h) Interest and di

If they come.

Termination and liquidation

ARTICLE 33. - The Federation is terminated by the decision of two-thirds of the general assembly members at the general assembly meeting to be held within one month upon the written termination request of one-third of the registered member chambers.

The dissolved federation shall be transferred to the Confederation by a three-person committee appointed by the Confederation, after its debts have been paid from its own assets, its receivables have been collected and the liquidation expenses have been covered, and the remaining amount and rights in rem will be transferred to the Confederation. If a federation is established on the same subject within five years, the transferred amount is given to this organization.

 

CHAPTER FOUR

Turkish Tradesmen and Craftsmen

Confederation

Founding of the Confederation

ARTICLE 34. - The Confederation is established after the Ministry approves the Confederation articles of association in accordance with the sample prepared by the Ministry. Its headquarters is in Ankara. The short name of the confederation is TESK.

Registration to the Confederation

ARTICLE 35. - Unions and federations established or to be established in accordance with this Law must register with the Confederation within one month from the date of establishment.

The registration of unions and federations that do not fulfill the registration obligation is made ex officio by the Confederation and the relevant professional organizations are notified in writing.

organs of the confederation

ARTICLE 36. - The organs of the Confederation are:

a) General assembly: It consists of the presidents and board members of the unions and federations, the current chairman of the Confederation, the board of directors and members of the audit board, excluding externally elected members.

b) Board of presidents: It consists of the president of the confederation and the presidents of the union and federation.

c) Board of directors: It consists of fifteen people, including the chairman, who is elected among the members of the general assembly to serve for a period of four years. The same number of alternate members are selected.

d) Audit board: It consists of five people elected from among the general assembly members or two from outside to serve for four years. The same number of alternate members are selected.

Duties and powers of the confederation general assembly

ARTICLE 37. - The duties and powers of the confederation general assembly are as follows:

a) To elect the chairman of the confederation, the main and substitute members of the board of directors and the audit board.

b) To examine, accept or reject the board of directors activity report, audit board report, balance sheet and income and expense accounts.

c) To acquit the board of directors and the audit board.

d) To examine the study program for the new term, the training, theoretical and practical course programs and the estimated budget included in this program, and to accept them as they are or with changes.

e) To decide whether to file a lawsuit against the members of the body who are found to be legally and criminally responsible due to their transactions and actions, and whether they should remain in office or not.

f) To approve the regulations prepared by the board of directors.

g) To resolve differences of opinion that may arise between unions and federations and the Confederation board of directors and audit board for any reason.

h) To examine and decide on the issues to be brought by the board of directors regarding the measures and initiatives deemed necessary and useful for the execution of the professions and arts of tradesmen and art owners.

i) Opening educational and training institutions, establishing student dormitories, granting scholarships and educating students, providing social aid to organizations serving the public interest, provided that it does not exceed 10% of the previous year's gross income, and providing support to unions and federations with insufficient budgetary resources, provided that their situation is documented. To decide on aid in kind and in cash.

j) To decide on buying and selling real estate and all kinds of vehicles and borrowing money in exchange for real estate in order to realize the founding purpose of the Confederation, and to keep the information regarding these activities by updating them in the Ministry's e-tradesmen and craftsmen database.

k) We decided to establish a foundation in order to participate in companies and cooperatives that have been established or to be established for the limited purpose of meeting the common needs of professional organizations and members of tradesmen and craftsmen, to facilitate their professional activities and to ensure the development of the profession in accordance with general interests, and to establish education and training institutions in accordance with their purposes. To authorize the board of directors to carry out transactions in this regard.

confederation board of presidents

ARTICLE 38. - The board of directors of the Confederation, as the high advisory board, makes recommendations to the board of directors of the Confederation on issues related to professional organizations of tradesmen and craftsmen throughout the country, as well as the developments and problems of Turkish tradesmen and craftsmen within the country and at the international level.

The chairman of the confederation is also the chairman of the board of presidents. In the absence of the president, the authorized vice president of the Confederation presides over the meeting.

The Board may convene spontaneously once a year in October with the majority of its members and, if necessary, upon the written call of the Confederation president or the majority of the board of presidents.

Duties and powers of the Confederation board of directors

MAD

DE 39. — The main duties and powers of the Confederation board of directors are as follows:

a) To carry out the affairs of the Confederation in accordance with the legislation and the recommendations of the general assembly and the board of presidents.

b) To fulfill the duties assigned by the Ministry in accordance with the legislation.

c) To prepare the new term study program, the training, theoretical and practical course programs and the estimated budget to be included in this program, and submit it to the approval of the general assembly.

d) To examine the accounts and transactions of unions, federations and, when necessary, chambers, at times deemed necessary, to ensure that their work is carried out in accordance with the principles of the legislation and articles of association and to notify about the necessary measures to be taken; To evaluate the next year's work programs and year-end balance sheets and income and expense statements of unions and federations and to provide guiding recommendations to these organizations.

e) To ensure that the necessary information about its members is regularly included in the Ministry's e-tradesmen and craftsmen database, to provide the information and opinions requested on matters deemed necessary by official and private authorities, to present the Confederation, through the chairman of the Confederation, before the judicial and administrative judicial authorities, on matters concerning the general professional interests of its members. represent.

f) To examine and resolve disputes that may arise between unions or unions and federations, and to refer unresolved issues to the Ministry.

g) To take measures and undertake initiatives deemed necessary and beneficial for the execution of the professions and arts of the members of the organizations within the Confederation community.

h) To follow up all the information of the Confederation personnel in the Ministry's e-tradesmen and craftsmen database, and to decide on the appointment, promotion, punishment and termination of the general secretary and other personnel.

i) To form the Confederation's opinion, when necessary, on the legislation to be prepared on issues concerning professional organizations of tradesmen and craftsmen and to submit it to the relevant authority.

j) To organize, support and participate in exhibitions and fairs within and outside the country and to work on becoming members of professional organizations outside the country, provided that the Ministry's permission is obtained.

k) To take the necessary initiatives to provide the aid and loans needed by tradesmen, craftsmen and organizations affiliated to the Confederation.

l) To prepare the regulations of professional organizations of tradesmen and craftsmen on accounting, personnel and other necessary matters.

m) To cooperate with the Ministry of National Education, the Ministry of Labor and Social Security, the Turkish Standards Institute and the Union of Chambers and Commodity Exchanges of Turkey in determining professional standards.

n) To determine the delegates who will participate in the boards of the National Productivity Center, Small and Medium Scale Industry Development and Support Administration and similar organizations.

o) To publish the Turkish Tradesmen and Craftsmen Registry Gazette in the Ministry's e-tradesmen and craftsmen database, and to publish professionally.

p) To submit mandatory professional decisions sent by unions and federations to the approval of the Ministry.

r) To inform the Ministry about the result if, as a result of the inspections carried out by the Confederation in the federations, unions and chambers, the members of the body and the staff on duty are deemed responsible in accordance with Article 59.

s) To ensure the collection of confederation participation fee and registration fee from unions and federations electronically during the transaction.

t) To take the necessary measures for the survival and protection of professions that are about to disappear, and to inform the Ministry on the subject.

Duties and powers of the confederation audit board

ARTICLE 40. - The duties and powers of the confederation audit board are as follows:

a) To examine whether the duties assigned by this Law and the decisions taken at the general assembly are fulfilled by the board of directors.

b) To examine whether Confederation transactions are carried out within the framework of the legislation and the Confederation articles of association.

c) To examine whether the duties assigned by the Ministry in accordance with the legislation are fulfilled.

d) To check whether the Confederation registration fee and participation fees are collected from member unions and federations on time and to report to the general assembly about the transactions and accounts of the Confederation.

e) To call the general assembly for an extraordinary meeting.

Members of the audit board fulfill the duties and powers specified in paragraphs (d) and (e) above with an absolute majority.

Confederation revenues

ARTICLE 41. — The revenues of the Confederation are as follows:

a) Registration fees and participation fees to be paid by the union and the federation.

b) Revenues from the Turkish Tradesmen and Craftsmen Registry Gazette and professional publications.

c) Document revenues to be issued and approved.

d) Fines.

e) Income from the establishment and participation to be established to realize the purpose of the Confederation.

f) Income from vocational courses, training activities, fairs and exhibitions to be organized by the Confederation.

g) All kinds of printed e-mails used in organizations affiliated with the Confederation

Revenues obtained from the printing and distribution of documents or the issuance of these documents in electronic form.

h) Income from social and cultural organizations.

i) Revenues from the Vocational Training Development and Support Fund for Tradesmen and Craftsmen.

j) Donations and aid.

k) Interest and other income.

 

PART THREE

Common Provisions

FIRST PART

General Assembly Meetings,

Elections and Bans

General assembly meetings and calls

ARTICLE 42. - Ordinary general assembly meetings of professional organizations of tradesmen and craftsmen shall be held every four years, upon the call of the board of directors;

a) Chamber general assemblies are held in January, February and March,

b) Union general assemblies are held in May,

c) Federation general assemblies are held in June,

d) Confederation general assembly in September,

It is held where the headquarters of the organization is located.

General assembly proceedings of tradesmen and craftsmen professional organizations that do not hold their general assembly meeting on time; It is carried out by the unions to which the chambers are affiliated, by the Confederation in unions and federations, and by the three-person board appointed by the Ministry in the Confederation, and a general assembly is held within two months after the appointment.

The place, date, time and agenda of the general assembly meetings are published on the page of the relevant tradesmen and craftsmen professional organization in the Ministry's e-tradesmen and craftsmen database at least fifteen days before the meeting. In addition, it is announced in a newspaper published locally by chambers and unions daily or weekly, and in places where there is no newspaper, it is announced according to custom. Federation and Confederation general assembly meetings are announced in a newspaper published throughout Turkey. The reports to be presented to the general assembly are submitted to the information of the members of the relevant tradesmen and craftsmen professional organization on the page of the Ministry's e-tradesmen and craftsmen database, fifteen days before the meeting, and are kept open for review at the headquarters of the organization. A superior organization is notified in writing fifteen days before the general assembly meeting.

General assembly meetings are held in a hall large enough for the number of members.

Professional organizations of tradesmen and craftsmen hold their general assemblies within ninety days after the date of establishment.

Regular meeting agenda

ARTICLE 43. - The ordinary general assembly of professional organizations of tradesmen and craftsmen convenes with the following agenda items to be prepared in accordance with the articles of association of each organization and other agenda items to be added if necessary. Agenda items are discussed separately.

a) Opening.

b) Formation of the presidential council.

c) A moment of silence and the reading of the National Anthem.

d) Giving the presidential council the authority to sign the minutes.

e) Reading and discussion of the board of directors' activity report.

f) Reading and discussion of the audit board report.

g) Reading and discussing balance sheet, income and expense accounts.

h) Acceptance or rejection of balance sheet, income and expense accounts.

i) Separate acquittal of the board of directors and the board of audit.

j) Discussion, acceptance or rejection of the new term study program and the training, theoretical and practical course programs and estimated budget to be included in this program.

k) Determination of monthly wages, attendance fees, travel and accommodation fees.

l) Wishes and wishes.

m) Elections.

n) Closing.

The issues that are not included in the agenda are included in the agenda according to the voting results upon the written request of one fifth of the general assembly members present at the meeting, and the issues that are requested to be discussed by the Ministry are directly included in the agenda. Unless the articles of association amendment and termination are included in the announced agenda, they cannot be discussed, even if there is a proposal from the general assembly members.

Extraordinary general assembly meetings

ARTICLE 44. - General assemblies of professional organizations of tradesmen and craftsmen;

a) By the board of directors with the decision of the majority of the total number of board members,

b) By the board of directors, with the decision to be taken, upon an application to be made through a notary with the minutes and agenda to be drawn up with the signatures of one-fourth of the members of the general assembly, certified by a notary public,

c) By the audit board,

d) By the Ministry in case of justified and valid reasons,

An extraordinary meeting is called. The meeting is held with the agenda determined in its call. No discussions can be held in extraordinary meetings other than the determined agenda. Preparations for the extraordinary general assembly meeting to be held, except for the call of the Ministry, are carried out by the board of directors. If the board of directors fails to fulfill this duty, the Ministry determines how and by whom the preparations for the extraordinary general assembly meeting will be carried out.

General assembly meetings and majority

ARTICLE 45. - In order to open the general assembly meetings of professional organizations of tradesmen and craftsmen, more than half of the general assembly members must attend the meeting.

If the majority is not achieved in the first meeting, the general assembly meeting is postponed for a period not exceeding one month. The period between two meetings cannot be less than five days in chambers and two days in others. This situation involves two general assembly members and a representative of the Ministry or the government.

It is determined by a report prepared by the commissioner.

If the place, date and time of the second meeting are stated in the first meeting announcement, no re-announcement will be made. The number of participants in the second meeting cannot be less than five times the total number of members of the board of directors and the board of audit. The provision of the first paragraph of this article shall apply to other professional organizations of tradesmen and craftsmen.

At general assembly meetings, decisions are taken by the majority of the members attending the meeting. However, in order to take a decision on termination, a decision of two-thirds of the general assembly members is required, and for a change in the articles of association, a decision of more than half of the general assembly members is mandatory.

List of those who will attend the general assembly meeting

ARTICLE 46. - General assembly members attending the general assembly meetings of professional organizations of tradesmen and craftsmen; To show their identity on the list that tradesmen and craftsmen professional organizations will receive from the Ministry's e-tradesmen and craftsmen database, showing their name, surname, father's name, place and date of birth, Republic of Turkey identification number, tradesmen and craftsmen registry number and the names of the professional organizations they represent, and They participate in the general assembly by signing. At the general assembly, delegates and guests sit in separate places. If deemed necessary by the Ministry representative or government commissioner in order to ensure security, no guests will be allowed to the general assembly meeting.

General assembly members are required to attend the meeting in person, and proxy is not accepted. Members of the general assembly who have more than one representation right have separate voting rights for each representation right.

The list of participants in the general assembly meeting and other general assembly documents are signed by the chairman of the general assembly council, council members, and the Ministry representative or government commissioner.

Ministry representative and government commissioner

ARTICLE 47. - In order for the general assembly meetings of professional organizations of tradesmen and craftsmen to be valid, the Ministry representative or government commissioner must be present throughout the meeting and supervise the meeting until closing. The ministry representative or government commissioner is responsible for ensuring and supervising that the meeting is held in accordance with the legislation, articles of association and agenda principles.

The list of participants in the general assembly meeting and the minutes and therefore meeting documents that do not bear the signature of the appointed Ministry representative or government commissioners are not valid.

The Ministry representative or government commissioner is appointed by the Ministry or the local authority authorized in this regard. At least fifteen days before the meeting, it is necessary to apply to the Ministry or the authorized local authority and request the appointment of a Ministry representative or government commissioner by notifying the meeting place, day, time and agenda. Before the meeting begins, the Ministry representative or the government commissioner shall review and determine that the call has been made in accordance with the procedure, that the list of participants in the general assembly meeting has been taken from the Ministry's e-tradesmen and craftsmen database and that the majority is complete, and then the negotiations are allowed to begin.

However, if the Ministry representative or the government commissioner does not attend the meeting even though the appointment is made upon a duly submitted application, the situation is reported to the local administrator. If the ministry representative or government commissioner still does not come, the meeting starts after one hour.

The essential expenses and fees determined by the Ministry for the Ministry representatives or government commissioners to be assigned at the general assembly meetings are paid by the professional organization of tradesmen and craftsmen organizing the general assembly.

presidential council

ARTICLE 48. - Following the permission of the ministry representative or the government commissioner to open the meeting, the general assembly members shall appoint a chairman, a deputy chairman and three clerks, who are responsible for directing and managing the general assembly, according to the determined and voted agenda, from among the general assembly members or representatives appointed by higher organizations. The member is elected by open ballot, or by secret ballot and open classification, upon the written proposal of one-fifth of the general assembly members attending the meeting.

Elections of the heads of bodies and boards of directors

ARTICLE 49. - The elections of organs of tradesmen's and craftsmen's professional organizations and the election of the presidents of the board of directors are carried out in a single stage, by secret ballot and open classification under judicial supervision.

At least twenty days before the general assembly meeting where the election will be held, a list of those who will attend the general assembly meeting prepared from the Ministry's e-tradesmen and craftsmen database showing the members of the general assembly, the agenda, place, day, time of the meeting and a letter determining the issues regarding the second meeting to be held if the majority is not reached. It is given to the district election board chairmanship in three copies. In places where there is more than one district election board, the judge in charge is determined by the Supreme Election Board.

If necessary, the judge brings the relevant records and documents and examines them, and then completes the deficiencies, if any, and then makes the selection decision.

It approves the list and other issues that determine the members of the general assembly who will attend the meeting, and the approved list and other issues related to the meeting are posted in the headquarters of the selection board and the relevant tradesmen and craftsmen professional organization and at the place where the general assembly will be held, and also in the Ministry's e-tradesmen and craftsmen database for seven days. is announced.

Objections to the list within the seven-day announcement period will be examined by the judge and a final decision will be made within two days at the latest.

The lists finalized in this way and other matters related to the meeting are approved and sent to the relevant professional organization of tradesmen and craftsmen.

The judge appoints an election ballot box committee consisting of a chairman and two members from among public officials or general assembly members who are not candidates. Likewise also determines three alternate members. In the absence of the chairman of the ballot box committee, the oldest member presides over the committee.

The ballot box committee is responsible for the conduct and management of the elections in accordance with the principles stipulated by the Law and the classification of the votes, and its duties continue uninterruptedly until these procedures are completed.

In general assemblies with more than a thousand members, there is one ballot box for each thousand people and a separate board is formed for each ballot box. An excess of up to two hundred members is not taken into account in the ballot box count. The places where the ballot boxes will be placed are determined by the judge. The tools and equipment to be used in the elections are provided by the election board.

Voting begins after the general assembly discussions and continues until 17:00, on the basis of secret ballot and open classification. Even though the election period has ended, members waiting at the ballot box to cast their votes also cast their votes. A member whose name is not written on the list cannot vote. Votes are cast after the identity of the voter is proven with a document issued by an official organization and the person signs the place opposite his/her name on the list. Votes are cast by placing the ballot papers prepared in any way, specifying the main and substitute members, in envelopes bearing the seal of the district election board and given by the chairman of the ballot box committee during the voting. Votes placed in envelopes other than these are considered invalid. If the candidates enter the election as a list as a main and substitute member, the main candidates on the list who received the most votes at the end of the classification will be the main candidate and the substitute candidates will be elected as the reserve. Members are ranked according to the votes within the list.

Voting at general assemblies can be done electronically if the infrastructure is available.

At the end of the election period, the election results are determined in a report and signed by the chairman and members of the ballot box committee. If there is more than one ballot box, the minutes and the votes cast electronically are combined by the judge. Provisional election results are announced by hanging a copy of the minutes at the election site and by publishing them on the Ministry's e-tradesmen and craftsmen page of the relevant professional organization. The votes cast and other documents, together with a copy of the minutes, are given to the district election board chairmanship to be kept for three months. The transactions made during the election and the objections to the election results within two days from the preparation of the minutes are examined by the judge on the same day and a final decision is made. Immediately after the objection period has passed and the objections have been decided, the judge announces the final results in accordance with the above provisions. Election results are reported to higher organizations and the Ministry.

If the judge stops the elections for any reason or decides to cancel the elections due to an irregularity or illegal practice that affects the election results, the relevant parties may object to this decision to the provincial election board within three business days from the date of notification. The provincial election board examines the objection within two business days at the latest and makes a final decision. Upon the finalization of the annulment decision, the judge determines the Sunday on which the election will be renewed, not less than one month and not more than two months, and notifies the relevant parties and the Ministry. Only elections are held on the specified day and election procedures are carried out in accordance with this article and other provisions stipulated by the Law.

In case of cancellation of all elections, a board of three people from among the members of the general assembly is appointed to the chambers, unions and federations by the Confederation, and to the Confederation by the Ministry, to serve as the board of directors until the elections are renewed.

The chairman of the district election board, the judge, and the chairman and members of the ballot box committee are paid a salary based on the ceiling indicator, in accordance with the principles specified in the Law No. 298 on Basic Provisions of Elections and Electoral Rolls. These and other election expenses are covered by the professional organization of tradesmen and craftsmen holding the general assembly.

Crimes committed against the chairman and members of the ballot box committee during elections are punished as if committed against public officials.

The election dates of professional organizations of tradesmen and craftsmen may be postponed by the Council of Ministers for a period not exceeding one year.

Seçil

me conditions

Article 50- The conditions required for general assembly members to be elected as chairman, president and member of management, audit and disciplinary boards of professional organizations of tradesmen and craftsmen are as follows:

a) To be a member of the audit board, one must be at least a high school graduate, or if there is no member meeting this requirement, be a graduate of eight years of primary or secondary school; For those who will be elected from outside as members of the Confederation audit board, being a four-year college graduate and having audit formation; To be a member of the disciplinary board, one must be at least a high school graduate; For board membership, one must be at least a primary school graduate.

b) To be registered to the chamber for at least two years and to be currently working, except for those who will be elected from outside to the Confederation audit board and newly established chambers.

c) (Amended, combined clauses (c) and (d): 23/1/2008 – 5728/573 art.) Even if the periods specified in Article 53 of the Turkish Penal Code have passed; for five years or more for a crime committed intentionally or crimes against the security of the state, crimes against the Constitutional order and the functioning of this order, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, Not to be sentenced to imprisonment for the crimes of tampering with the performance of an act, laundering assets resulting from crime, smuggling, tax evasion or wrongful acquisition of property.

The memberships of those who are later found to not meet one or more of the election conditions and those who lose at least one of these conditions during their term of office will automatically terminate. In this case, decisions and procedures regarding the loss of membership and the invitation of a new member to membership, starting from the substitute member with the most votes, are carried out by the board of directors.

ARTICLE 51. - Those who are members of the audit and disciplinary board in professional organizations of tradesmen and craftsmen are prohibited from serving on the board of directors of the same organization, and their spouses, lineal lineage, lineal lineage and second degree blood relatives cannot serve on the management, control and disciplinary boards of this organization in the same period. They are prohibited from taking office.

Tradesmen and craftsmen who are registered in more than one chamber because they operate in different professions can only serve on the board of directors or audit committee of a chamber. These persons cannot serve as members of more than one authorized body in the chambers.

In addition, those who are members of the management, audit or disciplinary board of any of the tradesmen's and craftsmen's professional organizations can be members of at most two more management, audit or disciplinary boards of other tradesmen's and craftsmen's professional organizations. These persons cannot hold memberships for more than three duties. The same person cannot be the president of the union and the federation.

Prohibition of non-purpose activities

ARTICLE 52. - Professional organizations of tradesmen and craftsmen cannot engage in any activities other than their establishment purposes. The dismissal of the responsible bodies of professional organizations of tradesmen and craftsmen who operate outside their establishment purposes or who do not fulfill their primary duties specified in this Law despite the warning of the Ministry and the election of new ones shall be decided by the civil court of first instance in that place, upon the request of the Ministry or the Office of the Chief Public Prosecutor in the place where these organizations are located. The trial is carried out according to the simple trial procedure and is concluded within two months at the latest.

In place of the dismissed bodies, new ones are elected at the general assembly to be held within one month at the latest, in accordance with the procedures and principles in this Law. The newly elected ones complete the term of the old ones. Criminal liability of the members of the body whose duties are terminated is reserved. The actions of these bodies, which cause their dismissal in accordance with the above provisions and stated in the court decision, are null and void.

Tradesmen's and craftsmen's professional organizations may be banned from operating by the governorship in cases where it is necessary for national security, public order, to prevent the commission of a crime or its continuation or to catch it, if delay is harmful. The decision to ban the activity is submitted to the approval of the judge in charge within twenty-four hours. The judge announces his decision within forty-eight hours. Otherwise, this administrative decision will automatically be annulled.

 

SECOND PART

Meetings, Representation and Binding,

Attendance Allowance and Monthly Fees,

General Secretaries

Board meetings and decisions

ARTICLE 53. - Boards of directors of professional organizations of tradesmen and craftsmen meet at least once a month. The board of directors may convene at any time, if necessary, upon the call of the chairman or the majority of its members or the majority of the audit board. Calls for board meetings are made to the members in writing.

The board of directors meets with the majority of the total number of members and makes decisions by the majority of those present.

Members who do not attend three consecutive meetings without an excuse are deemed to have resigned from the board of directors. In case there is a decrease among the members of the board of directors, the substitute members who received the most votes in the election at the general assembly shall be the ones with equal votes.

If so, they are brought to the board of directors in order according to the list and the new member is invited to the first meeting in writing. A board of directors meeting cannot be held without the participation of the new member. If this member does not attend the meeting, the next member is invited and the meeting is held after the number of board members is completed.

If the members of the board of directors leave office en masse or the number of original members falls below half and there are no substitutes left; Until the elections to be held within three months, the chambers will be managed by the union, the unions and federations will be managed by the Confederation, and the Confederation will be managed by a three-person board appointed by the Ministry.

President, representation and binding

ARTICLE 54. - The president of the chamber, union, federation and the president of the Confederation are elected by the general assembly in a single round; They are also board members and presidents of the relevant professional organization of tradesmen and craftsmen. (Cancelled second sentence: by the decision of the Ana. Mah. dated 30/9/2005 E.:2005/78, K.:2005/59)

If the chairman or president resigns for any reason, the board of directors elects someone from among themselves as president to complete the remaining term.

Members of the board of directors of professional organizations of tradesmen and craftsmen appoint a deputy chairman from among themselves; One vice president in unions with 50 or fewer rooms, two vice presidents in unions with 51-100 rooms, three vice presidents in unions with 101 or more rooms; two vice presidents in federations; In the confederation, four deputy chairmen are elected.

The president is authorized to represent and bind professional organizations of tradesmen and craftsmen. In the absence of the president, the vice president authorized by the board of directors performs the duty of representation and binding. Tradesmen's and craftsmen's professional organizations are bound by the joint signatures of the president or deputy president and the general secretary.

Supervisory board meetings

ARTICLE 55. - The supervisory boards of professional organizations of tradesmen and craftsmen elect a president from among their members. Supervisory boards meet once a month. Audit boards report the results of their audits to the board of directors quarterly and to the general assembly at the end of the period.

Members who do not attend three consecutive meetings without an excuse are deemed to have withdrawn from membership of the audit board. If there is a shortage among the members of the audit board, the substitute members who received the most votes in the general assembly election are called to the audit board in writing by the audit board, in order according to the list, in case of equality of votes.

If all the principal and substitute members of the audit boards resign and there are no substitutes left, an auditor is appointed by the union in the chambers, by the Confederation in unions and federations, and by the Ministry in the Confederation until the first election.

Monthly wages and attendance fees

ARTICLE 56. - Attendance rights of the members of the board of directors of professional organizations of tradesmen and craftsmen, monthly fees to be paid to the chairman of the board of directors, deputy chairman and members of the audit board and disciplinary board, and participation in the general assembly, board of presidents, board of directors, audit board and disciplinary board meetings from outside the headquarters. Travel and accommodation fees to be paid to the members and their appointments are determined by the general assemblies of the relevant professional organizations of tradesmen and craftsmen, provided that they do not exceed the limits specified below.

a) To the chairman of the board of directors;

Minimum wage in chambers with 100-500 members, twice the minimum wage in chambers with 501-1500, three times the minimum wage in chambers with 1501-3000, four times the minimum wage in chambers with 3001-10000 members, minimum wage in chambers with 10001 or more members. five times,

Three times the minimum wage in unions with up to 25 member rooms, four times the minimum wage in those with 26-50, five times the minimum wage in those with 51-100, six times the minimum wage in those with 101-150, seven times the minimum wage in those with 151 and more. ,

In federations, five times the minimum wage for those with up to 50 member rooms, six times the minimum wage for those with 51-100 rooms, seven times the minimum wage for those with 101 and more,

In the Confederation, the Chairman is paid ten times the minimum wage,

b) To the deputy chairmen of the board of directors; 2/4 of the amounts specified in paragraph (a),

c) To the members of the audit board; 1/4 of the fees specified in paragraph (a),

d) To the members of the disciplinary board; 1/4 of the fees specified in paragraph (a),

monthly fee,

e) An attendance fee of 1/5 of the fees specified in paragraph (a) per meeting attended by board members who do not receive a monthly fee,

They take it. These wages are paid net over the gross minimum wage.

Domestic allowances of authorized body members of professional organizations of tradesmen and craftsmen cannot exceed 1/5 of the minimum wage, and overseas allowances cannot exceed the daily allowance paid to the highest civil servant.

Those who work in more than one body in tradesmen's and craftsmen's professional organizations receive the higher wage of their duties. Members of the body, most of the affiliates of professional organizations

They can charge more than one person.

Those who receive monthly wages are not paid attendance fees.

The board of directors decides on the recruitment and determination of wages of the personnel of professional organizations of tradesmen and craftsmen.

general secretaries

ARTICLE 57. - There is a general secretary who is responsible for carrying out the transactions of professional organizations of tradesmen and craftsmen in accordance with the legislation, articles of association and decisions of the board of directors. General secretaries cannot serve in more than one professional organization for tradesmen and craftsmen. The general secretary attends board meetings, but cannot vote. If necessary, one assistant general secretary may be employed in chambers, unions and federations with more than ten thousand members, and three assistant general secretaries may be employed in the Confederation.

Expenses are made with the joint signature of the president or his deputy and the secretary general. Letters written on behalf of professional organizations of tradesmen and craftsmen are also signed in the same way. However, the board of directors may grant sole signature authority to the general secretary on matters within the organization. With the permission of the board of directors, the secretary general of the confederation may delegate some of his duties and powers, including the authority to spend, to his deputies, provided that they are determined anew at the beginning of each year.

The appointment, promotion, punishment and dismissal of the general secretary are made by the decision of the board of directors. Members of the management and supervisory board and their spouses, children and their children's spouses cannot be appointed as general secretaries. The general secretary's supervisor is the president of the relevant professional organization.

The general secretary is the first officer of the personnel and the appointment, promotion, punishment and dismissal of the personnel are carried out by the board of directors upon his proposal.

The general secretaries of the union hold training and evaluation meetings with the general secretaries of the member chambers of the union at least twice a year, in July and December, under the supervision of the president of the union.

Those to be appointed as general secretary and deputy general secretary must meet the general conditions in Article 48 of the Civil Servants Law No. 657; Those who do not meet these conditions cannot be appointed as general secretary and deputy general secretary. Those who are later found to not meet these conditions are dismissed from their duties.

Union and federation general secretaries and assistants must be graduates of at least a two-year college, chamber general secretaries and assistants must be at least high school or equivalent school graduates, Confederation general secretaries and assistants must be graduates of universities in business administration, economics, law, political sciences, economic and administrative fields. It is mandatory to be a graduate of a faculty of sciences or have a higher education in an equivalent field. It is preferred for general secretaries to have practical knowledge and experience in the economic and administrative field and to know a foreign language.

THIRD PART

Audit, Books to be Used,

Dues and Document Fees,

Fee Tariffs

Audit

ARTICLE 58. - Professional organizations and registry procedures of tradesmen and craftsmen are subject to the supervision and control of the Ministry.

Relevant personnel of tradesmen's and craftsmen's professional organizations and members of their bodies are authorized to show or provide all kinds of documents, books and records belonging to the organization upon the request of the Ministry's inspection staff, to allow the counting of money and other assets, to provide assistance for their audits and examinations and to provide a suitable place where they can do their work. They are obliged to allocate.

Personnel of professional organizations of tradesmen and craftsmen who do not fulfill these obligations or who are prosecuted for the crimes specified in Article 59 and who remain on duty are deemed unfavorable for the conduct of inspection and investigation, may be directly suspended from duty by the Ministry's inspection staff. Suspension of the members of the body from duty is decided by the court within one month in a simple procedure upon the lawsuit filed by the Ministry or the Public Prosecutor's Office in the competent civil court of first instance, as a result of the proposal of the supervisory staff. The court reports the outcome of the case to the Ministry, the relevant chamber and the higher organization.

(Amended 23/01/2008 - 5728/574 art.) If it is decided that there is no need for prosecution or a conviction is not given for those who are suspended from duty, these people will return to their duties and their salaries for the period they were away from duty will be paid by the organizations they belong to, together with legal interest. It is paid as. The Ministry becomes an intervener in the case upon the document prepared as a result of the audit being sent to the Chief Public Prosecutor's Office of that location by the audit staff.

Only the member records and documents of the chambers can be inspected by the audit staff of the Tradesmen, Craftsmen and Other Independent Employees Social Insurance Institution, when necessary in terms of insurance.

criminal prosecution

ARTICLE 59. - Members, general secretaries and staff of the authorized bodies of professional organizations of tradesmen and craftsmen shall be free from criminal acts and actions related to their duties while performing their duties, and especially from the money of these organizations and documents, promissory notes and other property having the value of money.

If they commit crimes against their employees on their balance sheets, final accounts, reports, and all other kinds of documents and books, they will be punished judicially for these crimes, just like public officials.

Declaration, books and receipts to be used

ARTICLE 60. - The books, documents, declarations, receipts and slips to be used in professional organizations of tradesmen and craftsmen are as follows:

a) Member registry book.

b) Member registration declaration.

c) General assembly resolution book.

d) Decision book of the board of presidents.

e) Board of directors decision book.

f) Audit board decision book.

g) Disciplinary board decision book.

h) Tradition and custom book.

i) Asset ledger.

j) Incoming and outgoing document record book.

k) Accounting books in accordance with the legislation.

l) Cash book.

m) Income and expense ledger.

n) Negotiable instruments book.

o) Income and expense receipt.

p) Collection and payment voucher.

r) Other books and documents required by the service.

The Confederation is authorized to print and distribute the books, declarations, receipts, vouchers and documents to be used in professional organizations subject to this Law, and the documents to be submitted by chamber members to official institutions and organizations for the performance of their profession. The cost of these documents issued electronically from the Ministry's e-tradesmen and craftsmen database is paid to the Confederation by the professional organization of tradesmen and craftsmen that issued them.

Those who print, print, distribute, reproduce and use books, declarations, receipts, receipts and other documents without authorization will be held responsible for these actions within the framework of general provisions upon the application of the Confederation to the relevant public prosecutor's offices.

Registration fee, dues, participation fee, document and service fees

ARTICLE 61. - Registration fees, annual dues and participation fees to be paid by members to chambers, chambers to unions and federations, unions and federations to the Confederation, and the documents issued by professional organizations of tradesmen and craftsmen and the fees for the services they provide are as follows:

a) The registration fee to be paid by the member during the first registration to the registry cannot be less than one-tenth or more than half of the minimum wage. The registration fee is collected by the registry office during the registration of tradesmen and craftsmen; Half of the registration fee is transferred to the bank account opened in the name of the union to be used for registry needs, and the other half is transferred to the bank account of the relevant chamber.

b) The annual fee to be paid by the member to the chamber cannot be less than one-tenth or more than half of the minimum wage. No annual fee is charged for the year in which the registration fee is collected.

c) The registration fee to be paid by chambers to unions and federations of which they are members, and by unions and federations to the Confederation, cannot be less than half or more than the full minimum wage.

d) The participation fee to be paid annually by the chambers to the unions and federations of which they are members, and by the unions and federations to the Confederation, is 3% of the previous year's gross income of the tradesmen and craftsmen professional organization that will make the payment. In the calculation of participation fee; The cost of the documents purchased from superior organizations in accordance with this Law and the cost of the income obtained due to other legal regulations other than this Law and the expenses incurred for these are deducted from the gross income.

e) The amount and rate of fees that tradesmen and craftsmen will receive for the services they provide with the documents issued and approved by professional organizations; For fixed amounts, it cannot be more than one tenth of the amount to be determined in accordance with paragraphs (a) and (b) of this paragraph, and for relative ones, it cannot be more than ten thousandths of the value stated in the document.

All kinds of income collected by professional organizations of tradesmen and craftsmen are deposited into the bank account of the relevant professional organization that made the collection.

The amounts of money transferred to the account of professional organizations and registry directorates of tradesmen and craftsmen to be transferred to professional organizations are transferred to the bank account of the relevant professional organization as soon as they are collected electronically.

The registration fee is paid at the time of registration, and the annual dues are paid in two equal installments in April and October. Membership fees for members who cancel their chamber registration are collected as of the month in which their membership registration is deleted. Decisions made by the boards of directors of professional organizations of tradesmen and craftsmen regarding annual dues and participation fees not paid within the due date have the force of a decision and are carried out by the enforcement offices. Late payment penalty cannot exceed one fold of the annual dues and participation fee.

Members who do not pay their annual dues will not be given services to be provided by the chamber and documents to be issued and approved until the payment is made.

How price tariffs are determined

ARTICLE 62. - Price tariffs for goods and services produced by tradesmen and craftsmen subject to this Law are prepared by the chambers to which they are affiliated and are approved or rejected by the board of directors of the union to which the chamber is a member within thirty days after the price tariff is submitted. The approved price tariff is notified to the municipality, civil authority and the relevant chamber within seven days and comes into force from that moment. Price tariffs indicate the maximum limits to be applied.

Municipalities or the largest administrative authority of that place

If they do not find these high tariffs suitable and cannot reach an agreement with the tradesmen's organization, they may ask for a discussion and decision to be made within fifteen days by a commission composed of a representative from the chamber of commerce and industry or the chamber of commerce and a representative of the union of chambers of tradesmen and craftsmen, under the chairmanship of the local governor or the deputy he will appoint.

Commission decisions are taken by absolute majority. If the Commission finds the tariffs inappropriate, the tariff will be abolished.

Those concerned may appeal against the commission's decision to the court competent to hear commercial cases within ten days from the date of written notification. The decision of this court is final.

 

CHAPTER FOUR

Coordination Board for Determining Tradesmen, Craftsmen and Traders and Industrialists,

Consensus Committees

Coordination Board for Determining Tradesmen, Craftsmen and Traders and Industrialists

ARTICLE 63. - To determine the professional branches of tradesmen and craftsmen and to differentiate tradesmen and craftsmen and merchants and industrialists according to their annual gross income and the characteristics of the regions, to prepare the draft decision envisaged to be issued by the Council of Ministers in Article 1463 of the Turkish Commercial Code No. 6762 and to submit it to the Ministry; Under the chairmanship of the Undersecretary of the Ministry or the relevant deputy undersecretary, the Tradesmen and Craftsmen will be composed of the relevant general managers of the ministries of Finance, National Education, Labor and Social Security, a representative of the Undersecretariat of the State Planning Organization, a representative of the Union of Chambers and Commodity Exchanges of Turkey, and a representative of the Confederation of Tradesmen and Craftsmen. The Coordination Board for Determining Traders and Industrialists was established. The secretariat services of the Board are carried out by the General Directorate.

Consensus committees

ARTICLE 64. - Consensus committees are established in provinces and districts to resolve disputes that may arise between the chambers subject to this Law or between these chambers and the chambers within the Union of Chambers and Commodity Exchanges of Turkey regarding the membership registration obligation. These committees resolve disputes within the principles to be determined by the Coordination Board for Determining Tradesmen, Craftsmen and Traders and Industrialists.

Consensus committees;

a) In order to resolve disputes that may arise between the chambers subject to this Law regarding the obligation to register members, it consists of one representative from each of the relevant chambers and the union under the chairmanship of the civil administrator in the provinces and districts. In case of equality of votes, the chairman's vote is counted as two.

b) In order to resolve disputes that may arise between the chambers subject to this Law and the chambers within the Union of Chambers and Commodity Exchanges of Turkey regarding the obligation to register members, the union in the provinces and districts, under the chairmanship of the civil administrator, consists of the relevant chamber in the districts and one representative of the chambers of commerce or commerce and industry.

Those concerned may appeal against the committee's decisions to the competent Civil Court of First Instance within ten days. The court's decision is final. Upon the final court decision, the relevant registry offices must take the necessary action on their records.

 

CHAPTER FIVE

Exemptions and Lists

Exemptions

ARTICLE 65. - Real estates acquired and to be acquired by professional organizations of tradesmen and craftsmen in order to realize their establishment purposes and to be used in accordance with these purposes, and the incomes obtained by these organizations due to their duties, are exempt from all kinds of taxes, duties and charges, except value added tax and real estate tax.

Lists

ARTICLE 66. - The list of participants in the general assembly meeting, which determines the members who will attend the ordinary and extraordinary general assembly meetings of professional organizations of tradesmen and craftsmen and will be submitted to the election board, is prepared by the relevant professional organization of tradesmen and craftsmen in return for a fee determined by the Ministry, by taking the opinion of the Ministry of Finance and the Confederation. and are obtained from the artist database. The collected fee amounts are recorded as income in the budget.

 

PART FOUR

Registry of Tradesmen and Craftsmen

Registry organization and staff

ARTICLE 67. - Tradesmen and Craftsmen shall be established as a separate unit within the union to work under the supervision of civil courts of first instance dealing with commercial cases and within the administrative borders of the province where it is established, in order to ensure that the records of tradesmen and craftsmen are kept and published in the Ministry's e-tradesmen and craftsmen database in a healthy and safe manner. Artist Registry Directorate is established. Personnel fees and other expenses of the registry are covered by the union.

Registry procedures are carried out by registry managers approved by the Ministry from among the candidates or candidates proposed by the board of directors of the union. Registry directors must have at least an associate's degree and meet the general conditions in Article 48 of the Civil Servants Law No. 657. If necessary, the appointment of personnel who will assist the registry director, provided that they are at least a high school graduate, is made by the board of directors of the union and the Ministry is informed. Dismissal of registry managers and their staff is subject to the procedure in which they were appointed.

Look

It is authorized to supervise the transactions of registry managers and other registry personnel at any time and to take the necessary measures, including requesting their dismissal from the relevant union board of directors.

Registry managers are responsible and responsible for keeping and monitoring registry records in accordance with the legislation and facts. Penalties are imposed on the personnel of the registry organization who are determined to have committed a crime on their registry records, as well as on public officials, for these crimes and other acts contrary to the legislation.

The provisions of Articles 26 to 40 of the Turkish Commercial Code regarding the trade registry, which are not contrary to this Law, are also applicable to the Tradesmen and Craftsmen Registry Directorate.

Obligation to register in the registry and registry procedures

Article 68- Tradesmen and craftsmen within the scope of this Law, except those who work for them, are obliged to register their status in the registry to which they are affiliated and to have it announced in the Registry Gazette within thirty days from the date they start working. Those who are found to have not fulfilled this obligation are reported by the union to the relevant institutions and organizations authorized to issue licenses. Relevant institutions and organizations stop their activities until the registry is made. (Amended last sentence: 14/1/2015-6585/21 art.) The registry and the chamber do not request the mastery certificate or equivalent documents stipulated in the Vocational Education Law No. 3308 dated 5/6/1986 from tradesmen and craftsmen during registration.

When registering tradesmen and craftsmen in the registry, they are required to certify that they are taxpayers or tax-exempt.

In order for tradesmen and craftsmen to engage in professional activities and be registered in the relevant chamber, their registration in the registry is mandatory, and separate entries must be made for each profession in the registry. The information of the tradesmen and craftsmen registered in the registry is sent to the relevant chamber for registration, and the registry carries out the process electronically in the Ministry's e-tradesmen and craftsmen database. Tradesmen and craftsmen must notify the registry of any changes in their registration declarations within thirty days at the latest.

While registered in the tradesmen and craftsmen registry, those whose annual purchase or sales amounts or gross business revenue exceed the limits of being considered tradesmen and craftsmen in subsequent years cannot be forced to register in the trade registry and therefore in the chambers within the Union of Chambers and Commodity Exchanges of Turkey, unless they wish. However, the records of those whose annual purchase or sales amounts or gross business revenue exceed six times the limits of being considered tradesmen and craftsmen are transferred to the trade registry through the registry.

If the events or transactions requiring registration are terminated or eliminated completely or partially, the record in the registry will be deleted partially or completely upon the request of the relevant party.

The registry records of tradesmen and craftsmen who are determined to be dead by the registry director and whose heirs cannot be determined are deleted and this issue is announced in the Registry Gazette directly and free of charge. In this case, the fees specified in the Fees Law No. 492 are not collected.

Registry procedures are carried out electronically by registry managers and their staff in the Ministry's e-tradesmen and craftsmen database.

Registration and registration fee

Article 69- The amount of registration and registration fees for tradesmen and craftsmen is half of the fee to be calculated in accordance with the provisions of the Trade Registry Fees of the Fees Law No. 492. (Amended second sentence: 28/3/2007-5615/29 art.) 25 percent of the remaining amount of this fee, after deducting rejections and refunds, is transferred to the relevant union to be recorded as income.

Registry Gazette

ARTICLE 70. - Matters recorded in the registry and required to be announced are published electronically in the Turkish Tradesmen and Craftsmen Registry Gazette by the Confederation, under the supervision and control of the Ministry, using the Ministry's e-tradesmen and craftsmen database.

In order to determine the principles regarding the issuance of the Registry Gazette, to direct and manage the publication works and to coordinate the work between the Ministry and the Confederation; The Registry Gazette committee is established under the chairmanship of the Ministry Undersecretary, consisting of the relevant deputy undersecretary, the General Director of Tradesmen and Craftsmen and deputy general managers, the Confederation general secretary, the deputy general secretary and the Registry Gazette director.

Advertisement fees to be published in the Registry Gazette are determined by a tariff that will come into force with the proposal of the Registry Gazette committee and the approval of the Ministry. Registry Gazette announcement fees are collected electronically by the registry and transferred to the Registry Gazette account electronically.

 

FIFTH

Education

Scope of training, practical vocational training and supervision

ARTICLE 71. - The provisions of this Law regarding vocational education and the provisions of the Vocational Education Law No. 3308 regulating practical vocational training in tradesmen and craftsmen are carried out in integrity with the cooperation of the Ministry, the Ministry of National Education and the Confederation. Vocational training of tradesmen and craftsmen, tradesmen and craftsmen professional organizations and Ministry of National Education Apprenticeship and Non-formal Education Development

It is jointly planned, executed, evaluated and supervised by the General Directorate.

Organization of training

ARTICLE 72. - It is the primary duty of professional organizations of tradesmen and craftsmen at all levels to provide practical vocational training for tradesmen and craftsmen and their apprentices and journeymen, in line with the purposes determined in this Law and the Vocational Education Law No. 3308.

A vocational education consultancy unit is established within the professional organizations of tradesmen and craftsmen in order to organize the vocational training of tradesmen and craftsmen and their apprentices and journeymen.

Vocational Training Fund

ARTICLE 73. - Vocational Training Fund is established within the Confederation in order to realize and support all kinds of vocational training activities of tradesmen and craftsmen.

Sources of the fund;

a) Appropriations to be included in the Confederation budget for this purpose every year,

b) Shares to be paid by professional organizations of tradesmen and craftsmen from their education budgets,

c) From donations and other income,

It occurs.

The resources collected in the fund are used only for the purpose of vocational training for tradesmen and craftsmen and for the development and dissemination of this training.

Financing of vocational training

ARTICLE 74. - Professional organizations of tradesmen and craftsmen are obliged to make a training budget by allocating 5% of their annual gross income, based on the method used in calculating participation fees, in order to fulfill the duties related to vocational training specified in this Law.

The chambers pay one-fifth of this share to the union, one-fifth to the federation, if any, and one-fifth to the Vocational Training Fund within the Confederation until the end of March following the accounting year. They use the remaining amount for their own vocational training. Unions and federations pay one-fifth of this share to the Vocational Training Fund within the Confederation, and use the remaining amount for their own vocational training. The Confederation transfers its entire share to the Fund.

PART SIX

Regulations, Interim and Final Provisions

Regulations

ARTICLE 75. - Of this Law;

a) The establishment and working procedures and principles of the professional committees to be established in mixed chambers in Article 4 are determined by the Confederation.

b) The appointment, duties and powers of the Ministry representative or government commissioner in Article 47 and the fees to be paid to them are determined by the Ministry.

c) The procedures and principles regarding the electronic voting process in general assemblies specified in Article 49 are determined by the Ministry.

d) The books and receipts to be used by professional organizations of tradesmen and craftsmen in Article 60, and the procedures and principles of transactions, accounting and personnel transactions in accordance with their fields of activity and legislation, are determined by the Confederation.

e) Registration fees and annual dues in Article 61, documents to be issued by professional organizations of tradesmen and craftsmen, and fees to be collected by the Confederation according to the tariffs to be determined by taking into account the characteristics of the provinces and professional groups, in return for the services they provide, provided that they remain within the limits specified in the said article.

f) The determination and determination of the procedures and principles of regulation of price tariffs in Article 62 are determined by the Confederation.

g) The working procedures and principles of the Coordination Board for Determining Tradesmen, Craftsmen, Traders and Industrialists in Article 63 are determined by the Ministry.

h) How the registry procedures will be carried out, how books and records will be kept, what issues will be registered and announced, as stated in Articles 67, 68 and 69; Ex officio registration and cancellation procedures, inspection of the registry, ways to appeal to registry officers, qualifications and responsibilities of registry personnel are determined by the Ministry.

i) In Article 70, the procedures and principles of issuing the Registry Gazette and its administration, covering its expenses, collecting and spending its revenues, announcement and fee schedule, keeping its records, carrying out transactions and accounting transactions, and the net monthly amount for the members of the Registry Gazette committee to be covered from the Registry Gazette revenues. Attendance benefits to be paid not to exceed the minimum wage amount will be paid by the Ministry,

j) Procedures and principles of the provisions regarding the workplaces where practical training will be given and their supervision in Articles 71, 72 and 73, the practices to be carried out in the provinces and professions that are not yet included in the scope of the Vocational Education Law No. 3308 and the documents to be issued, and the management of the Vocational Training Fund and use of funding resources by the Confederation,

It is regulated by regulations to be issued within three months. The regulations foreseen to be prepared by the Confederation are put into effect with the approval of the Ministry.

The sample articles of association stipulated in Articles 4, 16, 26 and 34 of this Law are prepared by the Ministry within six months.

Repealed provisions and references

ARTICLE 76. - Tradesmen and Craftsmen Law No. 507 dated 17.7.1964 has been repealed. In other laws, Tradesmen and Industrialists No. 507

References made to the Law on Atkars are deemed to be made to this Law.

PROVISIONAL ARTICLE 1. - The legal entities of chambers, unions, federations and Confederations established before the effective date of this Law shall continue, provided that they fulfill the conditions stipulated in this Law.

PROVISIONAL ARTICLE 2. - Professional organizations of tradesmen and craftsmen, which have or have not held their ordinary and extraordinary general assemblies before the effective date of this Law, will hold their ordinary general assembly meetings and elections in 2005; Chambers reconstruct in October, unions and federations in November, Confederation in December, in accordance with this Law. The authorized boards of tradesmen's and craftsmen's professional organizations that are currently on duty complete their terms of office until the ordinary general assembly and elections to be held in 2005 in accordance with this Law, in their current status. Extraordinary general assemblies and elections of professional organizations of tradesmen and craftsmen after the entry into force of this Law shall be held in accordance with this Law and authorized bodies shall be established in accordance with this Law.

PROVISIONAL ARTICLE 3. - Until 15.8.2005, the membership qualifications of the members registered to the existing chambers of tradesmen and craftsmen shall be updated by the board of directors in accordance with the conditions specified in Article 7 of this Law.

Incomplete transactions of members who are registered to the chamber but not to the registry, and members who are registered to the registry but not to the chamber, are completed by the registry by giving their room and registry numbers in connection with the relevant chamber. Additionally, the rooms; They must complete the updating of the information regarding their members in the Ministry's e-tradesmen and craftsmen database by 15.8.2005. Members are also obliged to submit their missing information to the chamber within this period. As a result of these studies, the lists containing the information of the members who are determined to have died, retired or stopped practicing their profession for any other reason are notified to the registry by the chamber board of directors, and the registry and chamber records of these people are deleted. No fee is charged for such cancellation and its publication in the Registry Gazette is free of charge.

Members who have chamber records but do not have tradesmen and craftsmen registry records will not be charged registration fees or any other expenses for their registration to be made in the tradesmen and craftsmen registry until 15.8.2005, provided that they have the membership qualifications to ensure that their memberships are updated in accordance with this law, and their registration in the Registry Gazette will not be charged. The advertisement is made free of charge.

Memberships of those who became members of the Tradesmen, Craftsmen and Other Independent Employees Social Insurance Institution based on their chamber membership, but whose chamber memberships ended due to not meeting the membership requirements with the entry into force of this Law, continue to be members of this institution, provided that they fulfill their obligations.

During the update work, databases of public institutions and organizations such as the Ministry of Finance, Tradesmen and Craftsmen and Other Self-Employed Social Insurance Institution and Social Insurance Institution are used.

PROVISIONAL ARTICLE 4. - The first paragraph of Article 16 of this Law does not apply to the Istanbul Union of Chambers of All Metalware Craftsmen operating on the date of entry into force of this Law. In this union, a deputy registry director affiliated with the Istanbul Tradesmen and Craftsmen Registry Directorate serves.

PROVISIONAL ARTICLE 5. - As of the date of entry into force of this Law;

a) Annual dues debts and late fees for the periods before this date of chamber members who did not pay their annual dues until 31.12.2003,

b) Participation and education fee debts and late fees of chambers, unions and federations that did not pay their participation and education fees until 31.12.2003, for the periods before this date,

Annual dues, participation fees and training fees for 2004 will be canceled provided that the originals are paid within three months.

Members who owe annual dues and late payment interest for the periods before 31.12.2003 and who cannot be found at their address despite legal action being taken by the chamber and who are found to be inactive are identified by the chamber board of directors and reported to the registry to delete their registry and chamber membership records; The publication of such cancellation transactions in the Registry Gazette is free of charge and no fee is charged.

PROVISIONAL ARTICLE 6. - As a result of the update studies to be carried out until 15.8.2005, the chambers with less than 100 active members are determined by the Ministry in the Ministry's e-tradesmen and craftsmen database and these chambers are deemed to have been terminated automatically without the need for a court decision and the situation is determined by the Ministry. It is notified to the relevant union. The termination provision in the last paragraph of Article 15 of this Law shall apply to these chambers by the relevant union.

PROVISIONAL ARTICLE 7. - Agents established in accordance with Law No. 507, which was repealed by this Law on the date of entry into force of this Law, are automatically terminated and the provision regarding termination in the last paragraph of Article 15 of this Law shall be applied to them. Agency members until 15.8.2005

It is transferred and recorded by the registry to the relevant chambers within the framework of the principles specified in Article 6 of this Law. No fee is charged from members for this transaction. Member registry books of these agencies are kept by the union to which they are affiliated.

PROVISIONAL ARTICLE 8. - The chambers established in the districts included in the provincial centers of the provinces with metropolitan status in accordance with Law No. 507, which was repealed by this Law on the date of entry into force of this Law, and the chambers established in the districts later included in the metropolitan city, retain their current members. However, in the new membership registrations to be made later, the tradesmen and craftsmen operating in the working area of these chambers are registered in these chambers or the relevant chamber established within the metropolitan borders, according to their wishes, by the registry.

PROVISIONAL ARTICLE 9. - The copies of the Registry Gazette published before its publication in electronic environment are transferred to the electronic environment under the supervision and cooperation of the Ministry and the Confederation.

PROVISIONAL ARTICLE 10. - The qualifications specified in this Law are not required for those who were appointed as general secretary, deputy general secretary and registrar before the effective date of this Law; registry officers are deemed to have been appointed as registry managers.

PROVISIONAL ARTICLE 11 - Until the regulations stipulated in this Law are issued, the provisions of the existing regulations that do not contradict this Law continue to be implemented.

PROVISIONAL ARTICLE 12. - The chambers established in the districts on the date of entry into force of this Law and whose number of members is less than 100, will continue as mixed chambers if they merge by holding their joint general assembly before their general assembly in October 2005, provided that their total number of members is not less than 100. They do.

PROVISIONAL ARTICLE 13 (Added: 10/9/2014-6552/78 art.)

The entire unpaid part of the originals of the dues debts of the tradesmen and craftsmen to the chambers of which they are members in accordance with the provisions of this Law, and the participation fee debts of the chambers to the unions and federations of which they are members, and of the unions and federations to the Confederation, which should have been paid but were not paid before the date of entry into force of this article, as well as the interest and delay thereon. The amount to be calculated based on the D-PPI monthly change rates until the date of entry into force of this article, instead of secondary receivables such as interest and delay interest; If the first installment is paid by the end of the third month following the date of entry into force of this article, and the remainder is paid in eight equal installments in three-month periods, accessory receivables such as interest applied to these receivables, delay interest, delay interest and principal debts will be paid partially or completely before the date of entry into force of this article. In case it has been paid, the collection of accessory receivables such as interest, delay interest and late payment interest on the original paid debt will be waived.

If the total amount to be paid is paid within the first installment payment period, a 10% discount is made from the amount to be paid.

In order to benefit from the provision of this article, it is necessary to apply to the creditor unit by the end of the second month following the date of entry into force of this article. If the amounts to be paid within the scope of the article are not paid partially or completely within the time and manner stipulated in the article, the unpaid principal receivables and their related accessory receivables such as interest, default interest, delay interest are collected in accordance with the provisions of the relevant legislation.

Debtors who want to benefit from the provision of this article must fulfill the conditions specified in the article, as well as not file a lawsuit, give up the lawsuits filed, and not resort to legal remedies. In this context, litigation expenses, enforcement costs and attorney fees related to fully paid receivables are not mutually claimed.

In this article, the term PPI monthly change rates refers to the wholesale price index (WPI) monthly change rates determined by the Turkish Statistical Institute for each month until 31/12/2004, and the producer prices index (PPI) starting from 1/1/2005. It refers to the monthly change rates of the domestic producer price index (D-PPI) as of 1/1/2014. The P-PPI monthly change rate that should be applied to the receivables to be paid in accordance with the provisions of this article for the month in which this Law is published is based on the P-PPI monthly change rate determined for the month before the date of publication of this Law.

 

Force

ARTICLE 77. - This Law shall enter into force on the date of its publication.

Executive

ARTICLE 78. - The provisions of this Law shall be enforced by the Council of Ministers.