What is the Service Trade and What is the Incentive Services we provide?
Concentration on service trade in the world has yet to begin in a very short period of time. With the first GATS (General Agreement on Trade in Services) issued in 1995 by the World Trade Organization, the first multilateral agreement establishing the basic concepts, rules and principles of international service trade has gone back about 20 years. Today, the share of service trade in world exports is 22.7%; while the share of service trade in developed countries in GDP is up to 75%, while in developing countries this ratio is between 50% and 65%. In Turkey this ratio is 64.3% and above the world average of 62.6%. The Republic of Turkey closely follows developments in the direction of its goal of being among the world's leading countries in service trade and implements necessary regulations. As a matter of fact, according to official figures announced by the Turkish Republic Central Bank in 2015, Turkey exports $ 46.3 billion in services. Within this figure, 650 million dollars is the export of health services of Turkey, which corresponds to 0.6% of world healthcare exports which is 107 billion dollars.
The Ministry of Economy of Turkish Republic closely follows these developments in the world and continues to take initiatives to improve Turkey's potential for exporting world services and to gain competitive advantage. Significant achievements have been achieved with various studies carried out.
In March 2011, the first support for the service sector was created; 2011/1 MARKET RESEARCH AND MARKET INTRODUCTION SUPPORT has been published. The Communiqué, which supports market research and market entry activities of companies engaged in foreign currency earning services or activities, has been published in June 2012 with the support of 4 Service Sectors and supporting the 2012/4 NOTICE OF TRADE SERVICE TRADE. Decision on 2015/8 SUPPORT FOR THE FOREIGN TRANSFER SERVICE TRADE, which was last implemented in June 2015 and currently in force, and Decision 2015/9 ON THE FOREIGN TRANSFER SERVICE SECTORS BRANDING SUPPORT FOR TURQUALITY RESOLUTIONS are the decisions, constitute the main theme of the incentive services we offer as Ömür Law Consultancy.
Included in the incentives offered to the service sectors are the 2015/8 General Support Decree for promoting exports, institutional capacity building and marketing, as well as the Brand Support and Turquality programs numbered 2015/9 for high value added support. The evaluation model for branding and the Turquality program consists of key indicators for branding and sectoral indicators tailored for each sector. Different performance indicators are included according to the characteristics of service sectors.
Ömür Law Consultancy Incentive Management Consultancy;
Our vision; to be a consultancy firm with respectable, honest, reliable and leading qualities that provide solutions to the incentive system by providing services at universal quality and standards;
Our mission; consultancy service companies to develop international competitiveness, to increase service revenues, to open to foreign markets and branding, to prepare government incentives for use, to make applications, to follow up, to finalize the support decision and to provide all coordination and communication with the Ministry with the relevant company. We are experienced to provide multidisciplinary services to local and foreign partners in international level.
Our counselors are structured in such a way that they will be able to present their experience with the help of a new formulation and the legal unit over 10 years to provide maximum benefit from state support for health institutions, educational institutions, health tourism, information, film, management consultancy companies.
Elements of the general support decision for the Service Sector designated as;
• Registration and Protection Support
• Consulting Support for the Report and Acquisition of an Overseas Company
• Documentation Support
• Advertising, Promotion and Marketing Support
• Overseas Unit Support
• Counseling Support
• Agency Commission Support
• Support for interpreting services
• Patient Road Support
• Foreign Fair / Congress / Conference / Seminar Participation Support
• Domestic Promotion and Training Promotion.
The service provided by Ömür Law Consultancy for the successful completion of the related supports; is determined by the roadmap for incentive management. We aim to present this service in a transparent and auditable plan by having our clients map the roadmap in three steps of "preliminary analysis work - application phase - evaluation phase".
Following the determination of our clients need, the incentive process is managed and the process of transferring your payment is meticulously followed up to the outcome of the process. Our clients are regularly informed about all stages of the process by holding meetings and informing.
“Public Private Partnership” Law Consultancy
In consequence of arrangements made in order for the private sector to participate to the construction and performance of public goods and services, which are under state’s responsibility, a legal status, embodying various types of contracts under the umbrella of public-private partnership (PPP) was created.
In the relevant structure, created under the name of Public-Private Partnership, the primary purpose is to ensure the risk sharing of the work to be performed. In the above mentioned model, which is used in large-scale works, it is necessary for a special funding structure to be created due to the characteristic of the work. So, with the application of alternative funding methods, the risk is shared between the public and private sector.
The risk to be shared between the parties in legal, economic and financial terms, is distributed via contracts, which are drawn up in conformity with the legislation structure of the committed work.
In the preparation of contracts, assessment of the risk structure is carried out and upon the examination of the pros and cons of the required legislation, the processes throughout the public-private partnership is reviewed through periodic legal risk analyses. By the relevant way, the risk is legally limited. The main purpose of our result-oriented efforts is the optimization of the rights and benefits of companies representing the private part of the relation.
Health Litigation Consultancy
In Turkey, in addition to patient rights and physician rights, legal procedures on public and private hospitals have also started to become heavily regulated in recent years.
Upon the observation of the health legislation as a whole, it may be seen how the health industry, and particularly hospital management, require a management with matrixlike mentality.
The non-unidirectional, multilateral industry, embodies parties such as public administration, private sector, patient and physician. In addition to legislation consultancy relevant to public administrations-private hospital relations, our attorney friends specialized in the field of health legislation, provide consultancy to concerned persons on physician rights and responsibilities. In case of any dispute, a result can be achieved through the use of effective remedies.
Labor Litigation Consultancy
With our team, which has a multi-directional perspective towards the work life, in the frame of the Labor Code (Code No. 4857), which is the fundamental law regulating work life, leading legislation such as the Turkish Code of Obligations (Code No. 6806), Law on Trade Unions and Collective Bargaining Agreements (Law No. 6356), Law on Occupational Health and Safety (Law No. 6331), Maritime Labor Law (Law No. 854) and Media Labor Law (Law No. 5953) and relevant regulations and circulars, we provide effective service to pacesetter firms and some of top-500 companies of Turkey in legislative alignment and arrangement of employee-employer relation.
Our team is experienced in the drawing up of labor contracts, preparations of Collective Bargaining Agreements and negotiation and conclusion of Collective Bargaining Agreements, and it adopts an integrated service mentality with regard to individual labor law, collective labor law and social security law.
Our team has professionally been both at the employer and employee side, and is therefore specialized with regard to both parties’ approach and has also acted as expert in actions; it gives opinions regarding the calculation of employee claims, reemployment process, mutual rescission process, actuarial calculation processes, follows-up actions upon request and illuminates the client companies with regard to the action’s result through action risk analyses.
Building and Real Estate Law Consultancy
In addition to provision of support with regard to the preparation of legal documents in conformity with all type of construction contracts, including flat for land constructions, and legal regularity compliance of permit and license applications in the construction industry – one of Turkey’s leading industries – it also provides all kinds of legal supports to its clients with regard to legal and administrative problems, which may be encountered during any phase of the project.
Our expert team will always be there with you for all kinds of legal problems, which may arise after the completion of the construction process, with regard to the sale, lease, and operation of the real estate. Also, the assessment and sale perspective of your potential investment is evaluated, via Real Estate consulters.
Legal counselling service is provided by our expert team to all parties of the building and real estate industry: project development companies, property owners, project operators, underwriters, designers, architects and engineers, subcontractors and suppliers.
Maritime Legislation Consultancy
It is important for the present field, which is subject to national and supranational commercial relations, to be analyzed seriously and for the right solution to be achieved upon risk examination. Maritime trade is carried out through big financial investments, and it also carries serious legal risks. For the relevant reason, it is important to receive effective legal counselling.
Competence in international mercantile law is made possible by being acquainted with regulations applicable in international sea transport, including maritime law and maritime insurance law, INCOTERMS and legal sanctions, bill of lading, Hague and Hague Vispy Rules, Hamburg and Rotterdam Rules, affreightment contracts, admiralty claims, general average, litigation – arbitration ADR and Turkish Legislation.
Since most disputes in Turkey involve an element of foreignness, arbitration board is applied as the authority to solve the problems. Subjects relevant to maritime law, including but not limited to the follow-up of arbitration procedures, filing of actions before specialized maritime courts, establishment of maritime liens, preparation of affreightment contracts, ship purchase and transfer, settlement of flag procedures, follow-up of ship accidents and insurance transactions and finally, management of loan processes, are within the scope of consultancy.
Copyrights Legislation Consultancy
Within the scope of the Law of Intellectual Property Rights, patent and trademark registration conform to the renewed legislation, is required in order to secure differences and innovations offered by businesses in their products and services.
In fields with unique legislation, such as follow-up of copyrights, intellectual industrial rights and contracts, internet-related intellectual and industrial rights, e-commerce and e-payments; and in the protection of specific copyrights such as photograph and video, entrepreneurs and private sector enterprises are represented by our expert team, which has comprehensive knowledge of most recent changes in the relevant legislation.
With regard to disputes arising due to issues such as unfair competition, confidentiality violation, litigation patents, reputation management and defamation cases, and copyrights, the parties are referred to fast remedies such as arbitration and mediation, where the interest of the relevant party would be protected; and they are represented in actions, upon request, as ultimate remedy.
Competition and Regulation Legislation Consultancy
Legal compliance process of private sector firms to regulation tools of particularly Competition Authority and of other regulatory institution public agencies ensuring the regulation of the market for the private sector, is managed, and compliance to relevant arrangements of any contracts and implementations concluded and made during companies’ activities are audited by us and consultancy is provided for necessary guidance.
It is particularly important to carefully keep tabs on the potential investment field, to pay attention to issues such as monopoly creation and regulation of the market through competition-preventing transactions. Although problems, which may be encountered during mergers and takeovers, can fail to reach a significant figure, taking into consideration the capital size of the investor, a few years of personnel investment, advertisement investment, and operation investment may lead to violation sanctions much exceeding the costs.
Our expert team members represent companies before regulatory administrative institutions in case of any possible disputes, ensure competition compliance, and guide the companies according to potential risks upon testing any potential competition-related risks.
Some of the services provided by our expert team are strategic counselling on competitive rules and regulation, making of negative clearance and exemption applications, conduct of competition compliance programs and representation in private law actions.
Consumer Law Legislation Consultancy
Any relation to be established with the consumer shall comply with the Law on the Protection of the Consumer (Law No. 6502) and relevant regulations.
Consultancy is provided on the consumer legislation compliance of consumer contracts to be concluded by the private sector with the final consumer, banks’ consumer loan contracts, product, and service.
Consultancy service provided by us within the scope of consumer relation, also covers consumers, in addition to providers.
Our team is experienced in consumer legislation, and it represents all parties of the consumer relation. In disputes, all parties of the consumer transaction are represented before the arbitration committee for consumer problems and courts.
Integrated Legal Services
In case our consultancy service-receiving clients want the settlement of dispute to be achieved in Litigation, litigation service is provided by our team of attorneys.
In any actions, where we represent the parties in the fields of Private Law and Public Law, we act in order for the superior interests of our clients to be protected.
In an integrated manner, our attorneys also provide litigation service to their counselee companies, with regard to their actions and we encourage our attorneys to participate trainings and seminars, which would support their career development, and we make sure they obtain the ability to act as expert in different fields in order for them to develop their fine analysis skills.
Human Resources Management Consultancy
By courtesy of its practices with regard to labor legislation and its applied experiences, our team, along with their colleagues particularly specialized in the field of human resources, also generate effective solutions regarding the usage of human resource – the most important capital of businesses – and management of human resources, and provides service to our counselees requiring support concerning functions of human resources.
The input, able to create the most important difference in the competition-intensive business world, is human. Our team, acting with the relevant consciousness, is aware of the real purpose of the human resources management: ensuring employee’s happiness.
In accordance with the relevant purpose, it provides consultancy particularly on subjects falling within the scope of both labor law and human resources.
Preparation of labor contracts, and also workplace regulations, usually an annex of labor contracts, is among the areas of specialization our team is experienced in. Also, it is aimed for the internal regulations of companies to be coded and made into rules, and therefore to support counselees on their path to institutionalization. Likewise, on-site supervision and update support is provided for already institutionalized companies.
Occupational Health and Safety Consultancy
Many conditions were brought for employers and employees, with the Occupational Health and Safety Law, published in June 2012. Along with the regulation passed within the process, the Occupational Health and Safety Law was further strengthened, and became determinant with the new standards it brought to both employers and employees in the subject of health and safety.
Laws and regulations published in the Official Gazette with regard to Occupational Health and Safety are legal obligations to be complied by each workplace, as they are subject to the same, despite the fact it increases liabilities according to the hazard class of each workplace.
While the conditions of applicable laws and regulations are applied to the workplace, it is also possible to make use of quality standards such as ISO 9001, ISO 14001, and ISO 18001 systematically, and in a simultaneous manner, without disturbing the workflow plan.
In addition, the Occupational Health and Safety Management Systems to be conducted, shall not be exclusively seen as a supporting element within the workflow plan, and Occupational Health and Safety Management Systems shall also be developed in order to be prepared for legal processes, which may occur during work.
By courtesy of the Occupational Health and Safety Management Systems developed, project’s workflow, employees, and employer are all protected, and optimum contribution can be made to financial processes of both the workplace and the nation with regard to occupational health and safety.
Our expert consultants provide consultancy service to our counselees with regard to Occupational Health and Safety.