MKE’s A.Ş. The bill regulating the

The Bill of Law on the Machinery and Chemical Industry Joint Stock Company was accepted in the National Defense Commission of the Grand National Assembly of Turkey.

According to the proposal, Machinery and Chemistry Industry Joint Stock Company (MKE AŞ) with an initial capital of 1 billion 200 million liras, subject to the provisions of the Turkish Commercial Code and private law, will be established. The management, audit, duties, authorities and responsibilities of MKE AŞ will be regulated. The ministry to which the company is related will be the Ministry of National Defense.

MKE AŞ will start operating with the registration and announcement to be made after the signing of the articles of association, which will be prepared with the opinion of the Ministry of Treasury and Finance.

The entire capital of the company will be owned by the Treasury, but the rights and powers of the Treasury, such as voting, management, representation, audit, based on the shareholding in the company, provided that the ownership right and the profit share right are not prejudiced and all financial rights arising from the shareholding remain with the Ministry of Treasury and Finance It will be used by the Ministry of Defense.

duty and authority

MKE AS, for military and civil purposes in line with national security objectives; to produce or have produced, market and trade all kinds of weapons, ammunition, explosives and chemicals, petrochemicals and other chemical products, machinery, equipment, materials, raw materials, tools, devices, systems and platforms at home and abroad, and in representation activities. research and development, product development and engineering activities, modernization, design, testing, assembly, integration and after-sales service, thematic research center/laboratory, special industrial zone or training for the domestic and national development of generic and innovative technologies establishing institutions; It will be able to engage in project engineering, consultancy, technology transfer, training services, energy, recycling, contracting, logistics support, ammunition separation and sorting activities and other activities specified in the articles of association for all kinds of institutions, organizations and consumers.

In order to fulfill its commitments more effectively, the company will be able to use raw materials, materials, tools, devices, equipment, spare parts, systems, subsystems and similar items in the inventory of the Ministry of National Defense, provided that they return them in the same way or pay their fair value. Buildings, factories, workshops, workshops, workplaces and similar immovables, land, platforms, weapons, ammunition, equipment, systems and subsystems, infrastructure and test centers in the inventory of the Ministry of National Defense can be used free of charge with the approval of the Ministry of National Defense.

MKE AŞ has the authority to establish companies in the country and abroad, to purchase established companies, to participate in or operate these companies, to open branches/representation offices in the country and abroad when necessary, and to expropriate by the President’s Decision for investment projects involving national security and national development. it will be. Establishing companies abroad, purchasing established companies and participating in these companies will be carried out by the decision of the general assembly, taking the opinion of the Ministry of Treasury and Finance.

MKE AŞ, all kinds of air that is left out of use and out of use or has lost its quality by those left in Turkey by foreign countries as per bilateral or multilateral agreements, public administrations, state economic enterprises and subsidiaries of which at least 50 percent of the capital belongs to the public, marine and land vehicles, machinery and equipment, hazardous or non-hazardous metal/metal compound wastes, non-metallic (non-domestic) goods and materials of economic value; It will be able to purchase or take over at unit prices determined by the Ministry of Industry and Technology, in order to use it as raw material in the production of materials necessary for carrying out its activities and to evaluate it in the market when necessary.

Audit

MKE AŞ will be subject to independent audit by the institution to be determined by the decision of the general assembly among the independent audit firms authorized by the Public Oversight, Accounting and Auditing Standards Authority. The prepared independent audit report will be sent to the Ministry of National Defense and the Ministry of Treasury and Finance by MKE AŞ after its submission to the general assembly.

Members of the MKE AŞ board of directors will be elected by the general assembly, one of whom will be among the candidates proposed by the Minister of Treasury and Finance. The general manager will be determined by the general assembly.

Duties, authorities and responsibilities of the board of directors and the general manager, the number of members of the board of directors, the election of the chairman and members of the board of directors, their terms of office and working procedures and principles, the fields of activity, organs, organizational structure, liquidation and supervision of MKE A. The transfer and liquidation of the company, its financial provisions and other issues will be determined by the articles of association of the company.

Public officials serving on the board of directors will be paid in the same amount as the members of the board of directors of state economic enterprises.

Personnel regime

Duties required by MKE AŞ services will be carried out by personnel subject to the Labor Law. The company will be able to temporarily or permanently employ domestic and foreign personnel in matters related to its field of activity.

The provisions of the legislation on recruitment of personnel to public institutions and organizations will not be applied to the personnel to be employed in the company. Recruitment, number, transfer, assignment, training, qualification, staff, title, wage and all other financial and social rights, promotion, leave, working principles, power of attorney, award and disciplinary procedures, contract principles and similar other practices of the personnel to be employed. Matters will be determined by the regulations to be issued by the general assembly.

Foreign nationals can be employed within the body of MKE AŞ with a work permit or work permit exemption. With this document, the foreigner who has a work permit exemption will be able to reside in Turkey and work within the company during the term of the employment contract.

MKE AŞ will be excluded from the scope of privatization

With the law proposal, the provisions of the legislation that will exempt MKE A. Some provisions of the Turkish Commercial Code applicable to joint stock companies will not be applicable to MKE AŞ.

Provisions of the Turkish Commercial Code regarding the placement of capital in kind and in cash, the procedure of calling the group of companies, the general assembly meeting, and the appointment of a representative of the Ministry of Commerce at the general assembly meetings will not be applied to MKE AŞ.

MKE AŞ, its shares and subsidiaries; It cannot be transferred to local or foreign real and legal persons of private law through sale, rental, transfer of operating rights or other dispositions. It will be ensured that MKE AŞ will continue its activities in such a way that all of its capital is in the Treasury.

The provision that the provisions of the Law on Privatization Practices will not be applied about MKE AŞ will also be preserved.

Goods and services to be imported by MKE AŞ within the scope of its field of activity will be exempted from customs duty.

Transitional provisions for personnel

The bill includes a transitional provision to determine the practices regarding the status of the current personnel working in the Machinery and Chemical Industry Corporation.

The personnel subject to the Labor Law and the personnel subject to the list (I) and (II) annexed to the Decree Law No. 399, who are employed in the Machinery and Chemical Industry Institution, continue to be employed at MKE AŞ with their social and personal rights related to their current status and titles. will be done. As of the date of entry into force of the regulation, the retirement process of those who are entitled to a pension will be fulfilled without delay.

As of the end of the 6-month period following the effective date of the regulation, personnel who are not subject to the provisions of private law cannot be employed at MKE AŞ.

Employment contract will be offered by the board of directors within 6 months from the effective date of the regulation to the personnel working in the Machinery and Chemical Industry Corporation, subject to the list (I) and (II) attached to the Decree Law No. 399 on the effective date of the regulation. Those who have signed a contract with MKE AŞ will be employed within the scope of the Labor Law, taking into account the service periods spent in this context in the determination of their rights based on seniority.

Those who do not agree to sign a contract with the company within 6 months from the effective date of the regulation, among the personnel working in the Machinery and Chemical Industry Institution, subject to the list (I) and (II) annexed to the Decree Law No. It will be reported to the Ministry of Labor and Social Security by the board of directors to be transferred to other public institutions and organizations.

Existing workers who do not want to continue working at MKE AŞ will be notified to the Ministry of National Defense within 6 months from the effective date of the regulation, in order to ensure that they are employed in positions and positions suitable for the status they are employed in the Ministry of National Defense staff and institutions, the Machinery and Chemical Industry Institution.

The procedures of the personnel notified by MKE AŞ will be carried out by the Ministry. The Ministry will offer the personnel to be appointed from three different units determined from the institutions in the Ministry’s staff and establishment. The employment contract of these personnel will be deemed to have been transferred to the Ministry, and their service periods at the Machinery and Chemical Industry Corporation and MKE AŞ will be taken into account in determining their rights based on seniority.

Workers whose appointment has been perfected will have to start their new duties within 15 days from the day following the notification of the assignment orders.

It is accepted that the employment contracts of those who do not accept to work in the institutions included in the staff and organization of the Ministry of National Defense and those who do not start their duty in the new institution within 15 working days, that the termination is within the scope of valid reason and that the notice period obligation specified in the article titled “continuous termination” of the Labor Law is fulfilled by MKE AŞ. will be terminated. In this context, the rights of those whose employment contract is terminated regarding severance pay and labor receivables that were born before the date of termination and must be paid on the date of termination shall be reserved.

Meanwhile, the proposal of the CHP deputies regarding the creation of a new article, which includes the relocation of the General Directorate of the Machinery and Chemical Industry Institution from Ankara to Kırıkkale, was not accepted in the commission.

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