Business Law Final 5. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following defines the general and common
rules laid down unilaterally by the employer on working conditions and the functioning of the establishment?
Internal regulations |
Establishment practices |
Employment contracts |
Collective labor agreements |
Employer's right of direction |
General and common rules laid down unilaterally by the employer on working conditions and the functioning of the establishment are called international regulations. Internal regulations have the force of an individual employment contract and therefore, are in the same level in the hierarchy of norms.
2.Soru
I. All public prosecutors,
II. Justice inspectors,
III. All the rapporteurs in the supreme courts.
Which of the ones listed above is considered as judges?
I & II. |
Only II. |
II & III. |
Only III. |
I & III. |
As well as the judges at benches, the persons in the following positions are considered as “judge”:
- All of the public prosecutors,
- Almost all of the middle level and senior bureaucrats assigned in the central organization of the Ministry of Justice, the CoJP and justice inspectors,
- President and members of supreme courts and the public prosecutors assigned in these courts,
- Most of the judges assigned as rapporteurs in the supreme courts.
Therefore, the correct option is A.
3.Soru
Which field of social sciences studies the role of the government in the national economy?
Sociology |
Public finance |
Physcology |
Mathematics |
International relations |
Public finance is a field of social sciences which studies the role of the government in the national economy.
4.Soru
What has the Public Financial Management and Control (PFMC) law changed in the financial management control framework for the public sector in Turkey?
The spending agencies have less authority to execute the budget. |
The spending agency now does not have the authority to authorize payments. |
Previously budget officers, who worked in spending agencies, were part of the financial service units within each spending agency, but now they will be employees of Ministry of Treasury and Finance. |
The PFMC Law does not require each public administration to establish an internal audit unit within its administration, like it was before. |
According to the PFMC Law stating the financial control framework of the public expenditure, processing controls are made in two different levels: the internal control system and internal audit. |
The law has delegated certain authorities and responsibilities to the spending agencies. The spending agency now has the authority to authorize payments. Previously budget officers, who worked in spending agencies, were employees of Ministry of Treasury and Finance; now they will be part of the financial service units within each spending agency. According to the PFMC Law stating the financial control framework of the public expenditure including the payment, processing controls are made in two different levels namely that of the internal control system and internal audit.
5.Soru
"The principle of the .......... constitutes a fundamental guarantee of the right to a fair trial. This principle means that no one can be tried other than by an ordinary, pre-established, competent tribunal or judge. " Which of the following is the right term to complete the sentence?
Free trial |
Natural judge |
Rule of law |
Predictability |
Equality |
The principle of the natural judge constitutes a fundamental guarantee of the right to a fair trial. This principle means that no one can be tried other than by an ordinary, pre-established, competent tribunal or judge.
6.Soru
Assume that parties to a contract inserted an arbitration clause into their contract. After the conclusion of the contract a dispute arises.
Which of the following should be said on this issue?
As well as arbitration, parties can go to state courts |
Parties can only go to state courts |
If a party goes to state court, the other party may make an objection as to the arbitration |
Parties are required to try mediation first |
Parties are not allowed to go to state courts before 3 weeks |
A valid arbitration agreement obliges the parties to resort to arbitration for the resolution of the dispute subject to the relevant arbitration agreement instead of national courts. If one of the parties infringes his/her obligation to arbitrate and brings an action before the court a matter, which is the subject of an arbitration agreement, the other party may make an objection as to the arbitration pursuant to Article 5.
7.Soru
Which code regulates the Turkish taxation system, rights, burdens, ways of implementing mandates and carrying out duties ?
Commercial Code |
Code on Law of Obligations |
Code on Civil Law |
Code of Labour Law |
Tax Procedures (TP) Code |
In Turkish taxation system, rights, burdens, ways of implementing mandates and carrying out duties along with principals of accrual are regulated by the Tax Procedures (TP) Code No. 213. This Law comprises procedural and formal provisions of
all tax laws.
8.Soru
Which of these taxes is a progressive tax in the Turkish taxation system?
Special communication tax. |
Stamp tax. |
Corporate income tax. |
Value added tax. |
Inheritance and gift tax. |
Inheritance and gift tax is a general tax on property, collected by the State. It is the second progressive tax (along with personal income tax) in the Turkish taxation system.The value of the assets received is subject to progressive tax rates ranging from 10% to 30% and 1% to 10% respectively.
9.Soru
"... is a dispute resolution method conducted voluntarily with the participation of an impartial and independent third person who has gone through a special training and who, by applying systematic techniques, is bringing the parties together to discuss and negotiate; ensuring mutual understanding between the parties and the development of a communication process in order for them to produce their own solutions, and who may suggest a resolution in case it becomes apparent that the parties may not find a mutual solution."
With which of the following should the blank in the sentence above be filled?
Arbitration |
Dispute resolution |
Mediation |
Litigation |
Reconciliation |
According to Article 2/1/b of the Mediation Law, mediation is a dispute resolution method conducted voluntarily with the participation of an impartial and independent third person who has gone through a special training and who, by applying systematic techniques, is bringing the parties together to discuss and negotiate; ensuring mutual understanding between the parties and the development of a communication process in order for them to produce their own solutions, and who may suggest a resolution in case it becomes apparent that the parties may not find a mutual solution.
10.Soru
The court which is outside the area of jurisdiction of the Court of Jurisdictional Disputes is:
The Court of Cassation. |
The Constitutional Court. |
The Court of Accounts. |
The Council of State |
The Court of Jurisdictional Disputes. |
The Court of Jurisdictional Disputes is regulated in article 158 of the constitution as an independent court that is established to finalise the jurisdictional disputes that may occur between the courts of different jurisdictional areas. It does not have district and first instance courts. Its decisions are binding for the supreme, district and first instance courts except for the Constitutional Court. The Constitutional Court is outside the area of jurisdiction of this court.
11.Soru
What are the required qualifications in order to become a mediator in Turkish law?
Law degree, 5 years of work experience |
Degree from social sciences, 5 years of work experience, Turkish nationality |
Lawyer certificate, 5 years of work experience, Turkish nationality |
Law degree, 5 years of work experience, Turkish nationality |
Lawyer certificate, 5 years of work experience |
According to Article 20 of the Mediation Law, only Turkish citizens, who are graduates of law faculties, and who possess at least five year experience in his/her profession, may be a mediator. The mediator shall also have full capacity, not be condemned due to an intentional crime, and finish the mediation training and pass the written exam important to be conducted by the Ministry of Justice.
12.Soru
Unless otherwise agreed upon by the parties, an employment contract is deemed to have been concluded for ..........
What is the correct answer to complete the sentence?
15 days |
An indefinite duration |
A definite duration |
1 year |
2 years |
Employment contracts of definite and indefinite duration are governed in articles 11 and 12 of the Turkish Labour Act. Unless otherwise agreed upon by the parties, an employment contract is deemed to have been concluded for an indefinite duration. However, mutual agreement of the parties on a fixed term is not sufficient to deem an employment contract of definite duration.
13.Soru
I. Gang contracts,
II. Contracts for distance work,
III. Contracts subject to Press and Media Labour Act,
IV. Contracts with an indefinite time limit.
Employment contracts are not subject to a special form unless otherwise set forth in the law. Which of the ones stated above constitutes an exception to the previous statement?
I & II. |
II & III. |
I, II & III. |
II, III & IV. |
II & III. |
According to article 8 of the Turkish Labour Act, employment contracts are not subject to a special form unless otherwise set forth in the law. The employment contracts that form an exception to this rule and shall be concluded in writing are as follows:
• Fixed term employment contracts with a duration of one year or longer
• On call employment contracts
• Employment contracts for distance work
• Employment contracts for temporary work
• Gang contracts
• Employment contracts concluded with the legal representatives of a child or young worker
• All employment contracts subject to the Maritime Labour Act
• All employment contracts subject to Press and Media Labour Act
Therefore, the correct option is C.
14.Soru
I. Gender,
II. Religion,
III. Nationality,
IV. Age.
Which of the ones listed above is among the limitations imposed on the freedom to conclude an employment contract?
Only II. |
I, II & III. |
Only IV. |
I, III & IV. |
II & III. |
A limitation is imposed on the freedom to conclude an employment contract with regard to various groups by prohibiting the formation of an employment relationship with such groups either in full or concerning various activities. Such groups and relevant activities are as follows:
Limitations in terms of age,
Limitations in terms of gender,
Limitations in terms of nationality.
Therefore, the correct option is D.
15.Soru
"According to article 9 of the Turkish Constitution, judicial power shall be exercised by .......... and ........ courts on behalf of the Turkish Nation." Which of the following terms complete the given sentence correctly?
impartial- cooperative |
impartial-independent |
independent-reasonable |
competent - impartial |
lawful - competent |
According to article 9 of the Turkish Constitution, judicial power shall be exercised by impartial and independent courts on behalf of the Turkish Nation.
16.Soru
The final decision maker in civilian administrative judiciary is:
The final decision maker in civilian administrative judiciary is:
The Court of Cassation. |
The Court of Jurisdictional Disputes. |
The Constitutional Court. |
The Court of Accounts. |
The Council of State. |
As a result of this multipartite structure, Turkish judicial system has 2 main types of jurisdictional fields and, thus, supreme courts are: The Court of Cassation as the final decision maker in ordinary judiciary, the Council of State as the final decision maker in administrative judiciary.
17.Soru
What kind of outcome does it lead if a party to a labor dispute ignores the mediation negotiations and does not attend them?
Negotiation proceedings shall come to an end immediately. |
Dispute shall be transferred to the court automatically. |
Mediation negotiations shall be continued by a different mediator. |
Mediation negotiations shall be postponed to a later date and/or a different venue. |
Non-attendance will be penalized at the end of the court proceedings. |
A party to a labor dispute may not just ignore the mediation negotiations even though he/ she is not willing to find a solution through mediation, because his/her non-attendance to the negotiations will be penalized at the end of the court proceedings. Therefore, the correct option is E.
18.Soru
Which language shall be used during the arbitration?
Only Turkish |
Only English |
Only the national languages of the parties |
Any formal language of a state recognized by Turkey |
Only the language determined by the arbitral tribunal |
The language of the arbitration shall be Turkish or any other language, which is the formal language of a state that is recognized by the Republic of Turkey. The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages.
19.Soru
What is the age limit for work under the labor law?
12 |
15 |
16 |
18 |
21 |
According to article 71 of the Turkish Labour Act, children under the age of 15 shall not be put to employment. However, children who are 14 years old or above and have completed their mandatory elementary education can be employed in light work that does not hinder their physical, mental and moral development and for those continuing their education, their schooling. Furthermore, children under the age of 18 shall not be employed in underground and underwater work, as well as in the night work of industrial activities.
20.Soru
Which of the following has the wrong information on real estate tax?
Tax base for the real estate tax is the tax value of the building or land according to the Real Estate Tax (RET) Law. |
Unlike personal income tax, the corporations' tax is paid at one standard rate of %20. |
The buildings and lands in Turkey and within the municipality frontiers are subject to real estate tax. |
Lands and buildings of Turkish citizens in other countries are subject to real estate tax in Turkey. |
Real estate tax liability begins following the budget year in the case of acquiring real estate, change in situation of real estate property or end of exemption. |
Tax objects of real estate tax are the buildings and lands in Turkey and within the municipality frontiers.
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