Business Law Final 3. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the followings is a special type of part-time employment regulated in Labour Act?
On Call Employment Contracts. |
Employment Contracts of Indefinite Duration. |
Employment Contracts of Definite Duration. |
Employment Contracts for Discontinuous Work. |
Employment Contracts for Continuous Work. |
On call employment relationship is a special type of part-time employment regulated in article 14 of the Labour Act. It is a flexible form of employment where the employer calls the employee to work when the services of that employee is needed. With a view to overcome any possible abuses of the employer’s powers and to hinder any arbitrary acts of the employer, the Labour Act ensures the employee working under an on call employment contract various guarantees. Therefore, the correct option is A.
2.Soru
Which of the following is defined as "a real person who works under an employment contract" according to Article 2/I of Turkish Labour Act No. 4857?
Employee |
Employer |
Principal employer |
Subcontractor |
Employer’s Representative |
Article 2/I defines an employee as a real person who works under an employment
contract.
3.Soru
I. Delegated with a task related to the production of goods and services,
II. Employees of the subcontractor shall work exclusively in the principal employer’s establishment,
III. Subcontractor shall only be an employee,
IV. Only a part of the principal employer’s work shall be delegated to the subcontractor.
Which of the ones listed above is among the criteria that shall be met in order to deem a relationship principal employer-subcontractor relationship?
I & II. |
Only II. |
I, II & III. |
II, III & IV. |
I, II & IV. |
According to article 2/VI of the Labour Act, there are five criteria that shall be met in order to deem a relationship principal employer-subcontractor relationship.
• Both the principal employer and the subcontractor shall be employers.
• The subcontractor shall be delegated with a task that is related to the production of goods and services rendered in the principal employer’s establishment.
• The work performed by the employees of the subcontractor shall be executed in the establishment of the principal employer.
• Only a part of the principal employer’s work shall be delegated to the subcontractor.
• The employees of the subcontractor delegated to the principal employer’s work shall work exclusively in the principal employer’s establishment.
Therefore, the correct option is E.
4.Soru
What is continuous work?
Work that exceeds 15 days |
Work that exceeds 30 days |
Work that exceeds 1 year |
A work contract that has a specific end date |
A work contract that does not have a specific end date |
Work that continues for a period of maximum 30 workdays is called discontinuous work; whereas
work that exceeds 30 workdays is continuous work. According to article 10 of the Labour Act,
articles 3, 8, 12, 13, 14, 15, 17, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 53, 54, 55, 56, 57, 58, 59, 75, 80, and transitional article 6 shall not be applied to discontinuous work. The provisions of the Turkish Code of Obligations shall be applied to such work regarding issues regulated in these articles of the Labour Act.
5.Soru
Tax law falls in the domain of ................ and it is concerned with legal aspects of taxation rather than its financial, political or economic aspects. Which of the following completes the sentence correctly?
Constitutional law |
Public law |
Commercial law |
Private international law |
Labour law |
Tax law falls in the domain of public law and it is concerned with legal aspects of taxation rather than its financial, political or economic aspects.
6.Soru
Which of the following is defined as the proportion of income, spending or asset value that is taxed?
Tax rate |
Tax base |
Tax object |
Taxable event |
Tax system |
Tax rate is defined as the proportion of income, spending or asset value that is taxed.
7.Soru
Which of the following is one of the groups that the law imposes to conclude employment contracts with?
Persons with disabilities |
Non-nationals |
Pregnant women |
Women |
New graduates |
Pursuant to article 30 of the Labour Act, private sector employers with fifty or more employees are under the obligation to employ three percent of their total number of employees from persons with disabilities. With regard to public sector employers with fifty or more workers, this quota for employing persons with disabilities is four percent.
8.Soru
"In a state governed by the rule of law the activities of the public authorities in the field of public finance ..............."
Which of the following most appropriately completes the sentence above?
collection of public revenues or making of the public expenditure must be in strict adherence to due process of law |
the government with its all officials and agents as a whole is not held accountable under the law |
Public finance studies the role of the government in the private sector |
the government is responsible for raising the necessary sources to meet rising expenditure of private sector |
all arbitrary exercise of power in the area of finance is acceptable |
In a state governed by the rule of law the activities of the public authorities in the field of public finance whether in regards collection of public revenues or making of the public expenditure must be in strict adherence to due process of law.
9.Soru
The parties are free to determine the number of arbitrators. However, the number shall be odd. If the number of arbitrators is not determined by the parties, how many arbitrators shall be appointed?
1 |
2 |
3 |
4 |
5 |
The parties are free to determine the number of arbitrators. However, the number shall be odd. If the number of arbitrators is not determined by the parties, three arbitrators shall be appointed.
10.Soru
"The Council of Judges and Prosecutors is independent in the exercise of its duties and authorities. No organ, authority, office or individual can give orders or instructions to the Council."
Which of the followings can be considered to be contradicting with the principle stated above?
The President of the Council is the Minister of Justice. |
Seven members are appointed by the Grand National Assembly of Turkey. |
Deputy Minister of the Ministry of Justice is an ex-officio member of the Council. |
Four members are appointed by the President of the Republic. |
No members of the council are elected by judges and prosecutors at the bench. |
The separation of powers, particularly between the political branches of government and the judiciary, is a core precept of the rule of law. Central to this principle is that the judiciary must be, structurally and in practice, independent. Thus, according to the universally accepted principle of independence of the courts, the independence of the judiciary is be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. In accordance with international standards on the independence of the judiciary, the governing bodies of the judiciary must be independent of the executive and legislative powers.
An institution is established in article 159 of the Constitution and called as the Council of Judges and Prosecutors. The Council of Judges and Prosecutors (CoJP) is an administratively and financially independent council performing its duties by considering the principle of independence of courts and the security of tenure of judges and prosecutors within the framework of the principles of fairness, impartiality, accuracy, honesty, consistency, equality, competence and qualification. The CoJP shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges.
The Plenary Assembly consists of thirteen members and the President of the Council is the Minister of Justice, who is a member of the executive branch. Therefore, the correct option is A.
11.Soru
Which of the following is not true about the judiciary in Turkey?
The judiciary is the system of courts that interprets and applies the law in the name of the state |
Judiciary consists of a group of independent but interrelated elements comprising a unified whole |
The Turkish Judiciary refers to the courts which are responsible for the inforcement and the interpretation of Turkish laws |
The Turkish Judiciary refers to the courts which are responsible for the enforcement rather than the interpretation of laws |
Under seperation of powers doctrine, the judiciary shares power with executive and legislative branches of government |
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. As judiciary consists of a group of independent but interrelated elements (courts) comprising a unified whole, it can be considered as a system. Thus, the judiciary, which is also known as the judicial system, is defined as the organizational system and principles of court that administer the justice and constitute the judicial branch of government. Government is the organization that is the governing authority of a political unit. Judiciary is the branch of government that is endowed with the authority to interpret and apply the law, adjudicate legal disputes and otherwise administer the justice. The Turkish Judiciary refers to the courts which are responsible for the enforcement and the interpretation of Turkish laws. It comprises a system of courts and some administrative bodies, as well as the judges and other judicial officials who preside over them. Under seperation of powers doctrine, the judiciary shares power with executive and legislative branches of government.
12.Soru
Which of the following is not true for personal income tax?
Personal income tax is a direct tax collected by the central government. |
It is considered as personal, and ordinary tax. |
As personal income tax has progressive tax rates, it is considered in accordance with ability to pay principle. |
Income of individuals are subject to personal income tax. |
It is a tax on property collected by the municipalities. |
Real estate tax is a special tax on property collected by the municipalities.
13.Soru
Which of the followings is not one of the obligations of the arbitrator?
To respect confidentiality. |
To resolve the dispute between the parties. |
To retain his/her impartiality during the proceedings. |
To act fairly and cause no unnecessary delay. |
To act as a proxy during the proceedings. |
The obligations of the arbitrator are as follows:
- To resolve the dispute between the parties;
- To continue acting as an arbitrator until the end of the proceedings;
- To retain his/her impartiality and independence during the proceedings;
- To act fairly and cause no unnecessary delay;
- To respect confidentiality
Therefore, the correct option is E.
14.Soru
".....is a type of distance work where the employee performs his/her obligation to work via the means of communication technologies." which of the following fills in the blank correctly?
Unprofessional Temporary Work |
Teleworking |
Professional Temporary Work |
On Call Employment |
Full-time work |
Teleworking is a type of distance work where the employee performs his/her obligation to work via the means of communication technologies.
15.Soru
From which of the following fields can a judge in of administrative jurisdiction be selected?
International relations. |
Communicative sciences. |
Economics. |
Political sciences. |
Faculty of education. |
Ordinary jurisdiction judges are selected from among graduates of law faculties and administrative jurisdiction judges are selected from among the graduates of either law schools or faculties of political science and faculties; of social sciences, which include law courses in their programs at a sufficient level. Therefore, the correct option is D.
16.Soru
In which of the following group is a Chief Executive Officer considered?
Employees. |
Apprentices. |
Employers. |
Employer’s representative. |
Subcontractor. |
Apart from the very high level positions, such as CEOs who generally work under a proxy agreement, employer’s representative’s relationship with the employer is based on an employment contract. Therefore, the employer’s representative is an employee vis-à-vis the employer; whereas an employer’s representative vis-à-vis other employees. Therefore, the correct option is D.
17.Soru
Which of the following is defined as the things with an economic value indicating the ability to pay of the to pay such as income, property and expenditure?
Tax object |
Tax event |
Tax base |
Tax rate |
Tax exemption |
Tax object is defined as the things with an economic value indicating the ability to pay of the to pay such as income, property and expenditure.
18.Soru
Which of the following is one of employer's obligation arising out of an employment contract?
Obligation to perform work |
Obligation of loyalty |
Obligation of non-competition |
Obligation of equal treatment |
Obligation to comply with orders and instructions |
One of the obligations of the employer arising out of an employment contract is the obligation to treat employees equally. This is employer's obligation. Other ones are employee's obligaions.
19.Soru
"The most appropriate method for guaranteeing judicial independence and impartiality together with the security of tenure of judges and public prosecutors is........................"
Which of the following statement most appropriately completes the sentence above?
to respect the role and independence of the judiciary and should respect and enforce court decisions |
the establishment of a special institution, namely a judicial council, which should be endowed with constitutional guarantees for its composition, powers and autonomy |
not to harbour preconceptions about the matter put before them, and that they must not act in ways that promote the interests of one of the parties |
an administratively and financially independent council performing its duties by considering the principle of independence of courts |
the duty of all governmental and other institutions to respect and observe the independence of the judiciary and the governing bodies of the judiciary |
The most appropriate method for guaranteeing judicial independence and impartiality together with the security of tenure of judges and public prosecutors is the establishment of a special institution, namely a judicial council, which should be endowed with constitutional guarantees for its composition, powers and autonomy and that such a Council should have a decisive influence on the appointment and promotion of judges and disciplinary measures against them
20.Soru
"The main and the traditional duty of the .............. is to examine the constitutionality, in respect of both form and the substance of laws, presidential decrees and the Rules of Procedure of the Turkish Grand National Assembly and to examine and verify Constitutional amendments only with regard to their form."
Which of the following completes the sentence correctly?
Court of Cassation |
Court of Accounts |
The Council of State |
Constitutional Court |
District Court |
The main and the traditional duty of the constitutional court is to examine the constitutionality, in respect of both form and substance of laws, presidential decrees and the Rules of Procedure of the Turkish Grand National Assembly and to examine and verify Constitutional amendments only with regard to their form.
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