Ms Beril Yayla Sapan

Beril Yayla Sapan

Lawyer biography

Dispute Resolution

Employment

Business Crimes and Anti-Corruption

Administrative, Tax and Regulatory

Bar Admission: Istanbul Bar Association

Beril’s Expertise

Beril Yayla Sapan joined the firm in 2008 and is now a managing associate. Her practice focuses on dispute resolution, employment, business crime and anti-corruption.

Beril has been involved in several high profile commercial conflicts and debt collection procedures and successfully represents clients before the various courts in this field.

She is experienced in areas where commercial and criminal laws overlap and has advised several multinational companies on white collar crime, compliance and legal audits.

Her practice also includes labour law and she has advised on employment contracts and policies, restrictive covenants, collective bargaining agreements, employee related data protection, business immigration, terminations, collective redundancies and settlement. She also represents clients in litigation relating to termination, employment related debts, mobbing and discrimination claims.

Associations:

  • Employment Lawyers Association (ELA)

Speaking Engagements:

  • Termination Procedures and Results of the Employee’s Work Agreement in Business Crime Actions, Gün + Partners Seminar, Speaker, Izmir, Turkey, June 08, 2017
  • Termination Procedures and Results of the Employee’s Work Agreement in Business Crime Actions, Gün + Partners Seminar, Speaker, Istanbul, Turkey, May 10, 2017
  • Digital Life Commercial Reflection, Gün + Partners Seminar, Speaker, Istanbul, Turkey, November 02, 2016
  • Prospects and Challenges for Turkish-Ukrainian Investors, Gün + Partners Round-table Meeting, Speaker, Istanbul, Turkey, October 05, 2016
  • Experiences on Anti-Corruption and Compliance, Gün + Partners Seminar, Speaker, Istanbul, Turkey, May 04, 2016
  • Profile of an Abusive – KPMG Turkey and Gün + Partners Panel, Ethics and Reputation Society, 4th International Ethics Summit, panellists, Istanbul, Turkey, June 12, 2014.

Education:

  • 2012, Faculty of Law, Galatasaray University, Istanbul, (LL.M. in Economy Law)
  • 2008, Faculty of Law, Bilkent University, Turkey, LL.B.
  • 2003, Bursa Anatolian High School, Bursa

Languages: English, Turkish


Updates

Banking

Amendments to cheque regulations
Turkey | 27 January 2017

The Law on the Amendment of Some Laws to Improve the Investment Environment introduces new provisions regarding the issuance of cheques and bounced cheques. The omnibus act amends the Commercial Code and introduces a serial number issued by the bank and a two-dimensional barcode to the mandatory elements on cheques. Further, banks now have extended obligations regarding the opening of cheque accounts.

Employment & Benefits

Survival of parties' will for penalty clauses in employment contracts
Turkey | 13 November 2019

The Supreme Court General Assembly on the Unification of Judgments recently concluded that penalty clauses agreed for the unjust termination of a fixed-term employment contract before its end date are valid and enforceable even if the contract is deemed to be of an indefinite nature due to a lack of objective conditions required by law to conclude fixed-term contracts.

Mandatory mediation in labour disputes – an overview
Turkey | 10 July 2019

Applying for mediation was recently made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of employment contracts, collective labour agreements or reinstatement claims. Mandatory mediation was introduced to accelerate legal proceedings and lower the costs in employment disputes.

Supreme Court rules inappropriately worded emails are valid reason for termination
Turkey | 06 March 2019

The Supreme Court recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination. The court held that although the actions of the employee in question had not been serious enough to constitute just cause for termination and deprive him of his termination benefits, the employer could not be expected to continue the employment relationship.

Changes to minimum wage, severance payments and administrative fines
Turkey | 13 February 2019

Minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised at the beginning of each calendar year. The minimum wage rate was recently increased to TL2,558.40 (gross) and the maximum severance payment was increased to TL6,017.60 (gross). In addition, the rate of administrative fines was increased by 23.73% compared with 2018.

Effects of recently published presidential executive decree on salaries in or indexed to foreign currency
Turkey | 21 November 2018

The recently published Presidential Executive Decree 85 amended Decree 32 on the Protection of the Turkish Currency. In the field of employment law, it is unclear whether foreign nationals fall within the scope of the decree and how their salaries will be paid going forward. Since the decree uses the term 'Turkish residents', the general understanding is that it also applies to foreign employees, as they must have a residential address in Turkey in order to have a work permit.

Supreme Court rules on calculation of overtime pay
Turkey | 26 September 2018

The Supreme Court recently issued a number of decisions setting out how to calculate overtime pay and how employees can prove any overtime owed when required. Among other things, the decisions state that signed payslips can be used as material evidence. Further, where an employee has not signed a payslip and overtime payments have been made via bank transfer, the employee must prove that they worked the disputed overtime with documentary evidence.

Supreme Court rules that borrowing money from customer is just cause for termination
Turkey | 27 June 2018

The Supreme Court recently issued a decision concerning an employee's dismissal for borrowing money from their employer's customer. The Supreme Court reversed the first-instance labour court decision and ruled that the termination was lawful based on the fact that the employee had acted against the rule of integrity and honesty and damaged the employer's reputation.

Procedural changes in labour cases
Turkey | 20 June 2018

The Labour Courts Act has introduced a number of changes and amended the appeal procedure for labour disputes. The legislature hopes to shorten the duration of actions which, by their nature, should be resolved as quickly as possible. Although it is still questionable whether these amendments will produce the anticipated returns in terms of reaching the desired duration for trial processes, they mark an important attempt to limit the two-phase appeal stage for certain cases.

Proposed amendments to automatic enrolment in private pension plan system
Turkey | 28 March 2018

The Amendment Act of August 25 2016 introduced the automatic enrolment of employees in private pension plans. As a result, employees under the age of 45 must be enrolled in a private pension plan as part of a pension agreement between their employer and a pension company. As the majority of employees have withdrawn from the system, the Ministry of Finance recently prepared a draft omnibus law which introduced new provisions regarding automatic enrolment in the private pension plan system.

Amendment of regulation regarding employee consent for overtime
Turkey | 03 January 2018

Overtime in Turkey is regulated by the Labour Act and the Regulation on Overtime. Following criticism from legal scholars, the Regulation on Overtime was recently amended. The amendment has clarified that an employee's written consent for overtime can be obtained through an employment contract or during the employment relationship if needed. Therefore, obtaining employee consent at the beginning of each year is no longer required.

Labour Courts Act comes into effect
Turkey | 29 November 2017

The Labour Courts Act, which was recently published in the Official Gazette, aims to ease the judiciary's workload and accelerate the judicial process in employment cases. The act has introduced a number of changes, the most important of which include mandatory mediation for employers and employees before initiating lawsuits, an amended procedure for reinstatement cases and a reduced statute of limitations of five years for several types of compensation.

Supreme Court rules on monitoring of employee WhatsApp conversations
Turkey | 08 November 2017

The Supreme Court recently rendered an important decision concerning the protection of employees' privacy rights. The court reversed a first-instance labour court decision and ruled that the dismissal of an employee was unlawful on the grounds that the employer had used the employee's WhatsApp conversations (obtained in an impermissible way) as evidence, thus violating the employee's right to privacy.

Regulation on Annual Paid Leave amended to allow employees to divide annual leave
Turkey | 11 October 2017

The right of employees to annual paid leave is regulated by Articles 53 to 60 of the Labour Act and the Regulation on Annual Paid Leave. In principle, employees are expected to take their annual leave en bloc. Recent amendments to the act and the regulation maintain the right of employees to continuous rest, but provide flexibility to those who wish to divide their holidays into several parts in a given year.

Supreme Court opines on valid grounds for termination
Turkey | 06 September 2017

The Supreme Court recently issued a decision concerning an employee's dismissal on the grounds of (among other things) recording a conversation with his supervisor without his consent. The court reversed a first-instance decision and ruled that the termination was lawful based on the fact that the employee had been handling personal business during working hours without authorisation and secretly recorded a conversation.

Automatic enrolment in private pension plans system
Turkey | 14 June 2017

A long-awaited legal arrangement on employees' automatic enrolment in private pension plans by their employers was introduced into Turkish law by way of an amendment law published in 2016. The amendment law adds new provisions to the Private Pension Savings and Investment System Act 2001. Accordingly, employees under the age of 45 will be enrolled in a private pension plan with a pension agreement between the employer and a pension company.

Draft Law on Labour Courts and proposed mandatory mediation phase
Turkey | 29 March 2017

The Ministry of Justice recently prepared a new draft Law on Labour Courts and shared it with the relevant public institutions and organisations for review. The draft law aims to ease the judiciary's workload and accelerate the judicial process in employment cases. The most important amendment stipulated in the draft law is the introduction of a mandatory mediation phase. If the draft law is adopted, it will be mandatory for employees to apply for mediation before initiating certain lawsuits.

Insolvency & Restructuring

Significant amendments to Enforcement and Bankruptcy Law introduced
Turkey | 29 June 2018

The Law amending the Enforcement and Bankruptcy Law and Other Laws recently came into force. The most significant amendments introduced to the Enforcement and Bankruptcy Law are the abrogation of the postponement of bankruptcy procedure and the adoption of a more efficient and functional structure for the composition with creditors procedure, which is a court-approved agreement between debtors and creditors.

Amendments to postponement of bankruptcy rules
Turkey | 23 September 2016

Parliament recently enacted an omnibus bill which – among other things – introduced new provisions regarding the postponement of bankruptcy. As a legal mechanism open to the misuse of debtors, the limitation of applications for the postponement of bankruptcy has been on Parliament's agenda for some time. The changes aim to establish stricter norms for such applications and make filing for bankruptcy a more attractive option than postponement.

Litigation

Justification of court decisions – an overview
Turkey | 23 July 2019

The justification of court decisions is regarded as a key element of the right to a fair trial. In Turkey, this right is protected by the European Convention on Human Rights, as well as the Turkish Constitution, the Code of Civil Procedure and Supreme Court precedents. However, in practice, judgments are sometimes made without providing any justification as to why the parties' claims and evidence were not taken into account.

Constitutional Court annuls provision on imprisonment for opposition to interim injunctions
Turkey | 26 March 2019

Parties that failed to comply with an interim injunction or that violated an injunction previously faced one to six months' imprisonment. However, the Constitutional Court recently annulled this provision due to its lack of clear regulation and legal remedies. The changes will enter into force nine months after their publication in the Official Gazette and are final and binding on legislative, executive and judicial bodies, administrative authorities and real and legal entities.

Supreme Court view on adapting contracts due to fluctuation in currency exchange rates
Turkey | 04 September 2018

Turkey has recently faced higher currency exchange rates, which has raised the question of whether this increase constitutes a change in circumstances that affects the fulfilment of contractual obligations. As there is no settled Supreme Court precedent regarding whether a fluctuation in currency exchange rates requires the adaptation of contracts, first-instance courts will need to examine the circumstances of each case.

Constitutional Court issues decision on reasonable time requirement in criminal proceedings
Turkey | 22 May 2018

Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions. One of the most common claims is that the state has violated an individual's right to a fair trial by failing to meet the reasonable time requirement and concluding criminal cases over long periods, in some cases more than 10 years.

Commercial cases worth less than TL100,000 now subject to simplified procedure
Turkey | 24 April 2018

Under Turkish law, there are two types of procedure in civil proceedings. Written procedure is the main and most common type, whereas the simple procedure, as the name suggests, is a simplified and expedited process. Following recent amendments, commercial cases worth less than TL100,000 are now subject to the simplified procedure in order to shorten the length of proceedings.

Preliminary injunction procedure
Turkey | 10 April 2018

Preliminary injunctions in Turkey are regulated under the Code of Civil Procedure. A preliminary injunction can be requested from the competent court that has jurisdiction over a case prior to filing or the court before which a case is filed. Applicants must determine the grounds for making such a request in addition to the nature of the preliminary injunction being sought. They must also prove their claim to convince the court that the merits of the case are legitimate.

Constitutional Court rules on annulment request regarding Article 5 of Cheque Law
Turkey | 28 November 2017

Article 5 of the Cheque Law imposes a judicial fine on cheque account owners for a bounced cheque. These fines cannot be less than the amount of the bounced cheque plus the accrued interest on the cheque's submission date and the total fees for execution and legal proceedings. Several courts recently applied to the Constitutional Court to request the annulment of Article 5 based on, among other things, the uncertain criteria used to calculate such fines.

Code of Civil Procedure amendments aim to improve functioning of regional appellate courts
Turkey | 22 August 2017

Due to the need for the existing court procedural rules and organisational structure to be harmonised with the newly established three-tier court system, amendments have been made to the Code of Civil Procedure with the purpose of eliminating emergent problems in the functioning of regional appellate and administrative courts. The most remarkable amendment regards the period for appeal before the Court of Cassation.

Court appoints former partner as gratuitous bailee to preserve company books
Turkey | 05 July 2016

The court of peace recently appointed the former partner of a liquidated company as a gratuitous bailee to preserve the company's books. The decision created an alternative approach to the preservation of the books of liquidated companies, which must be preserved by a court of peace. The new approach should help to address concerns regarding the court's limited amount of storage space for company books.

General assembly resolution with forged signature declared void
Turkey | 03 May 2016

A recent Court of Appeals case concerned a resolution taken at a general assembly meeting where the signature of the shareholder plaintiff's representative had been forged. As it was established without doubt that the signature on the general assembly meeting minutes did not belong to the plaintiff's representative, the court declared that the decisions taken at the general assembly were null and void.

Specialised or general-jurisdiction courts for enforcing foreign judgments and arbitral awards?
Turkey | 22 December 2015

The recognition and enforcement of foreign judgments and arbitral awards in Turkey is subject to the International Private and Civil Procedure Law, under which enforcement actions must be filed before the civil courts of first instance, including certain specialised courts. The Court of Appeals has generally adopted a single approach regarding the jurisdiction of specialised courts in enforcement actions, but a recent decision has created uncertainty in that regard.

White Collar Crime

Court rules on monitoring electronic communications during internal investigations
Turkey | 12 September 2016

Internal corporate investigations are key to combating white collar crime and the monitoring of personal and corporate communications is an indispensable tool in this regard. While Turkey has no specific or well-developed legislation on monitoring employee emails in internal investigations, a recent Constitutional Court decision has clarified a number of relevant points.

Latest developments in criminal regulations
Turkey | 18 August 2014

As part of the New Judicial Reform Package, Article 12 of the Criminal Code was amended by Law 6545, which was recently published in the Official Gazette. Further to the amendment of Article 277 of the Criminal Code, which regulates the crime of intervening in a judicial process, any intervention during an investigation will no longer be a crime.