Information To The Chambers Members Of Union Of Tourist Guides Chambers (TUREB)
1. EMPLOYMENT CARDS FOR 2013
The employment cards which is necessary to prepare as required by law is very late and has been completed yet in consequence of the fact that regulations of employment cards was published very late, the foundation of new chambers was very late and TUREB General Board gathered on July 18, 2013. The distribution of new employment cards is in full spate. Due to these reason the validity period of cockades is extended until the date of 11 September 2013. The guides must obtain their employment cards immediately in order not to get in the soup in the supervisions carried out after this date.
2. OBLIGATION TO CONTRACT
It is useful to be known that this procedure is entirely to protect the guides’ rights but it is not a procedure envisioned to make difficulties to the guides or to be charged. If the procedure are taken seriously and implemented by all guides, it will reduce the number of agencies which want the guides to work under the base pay or it will be scarcely any and at the same time it is inevitable that it will prevent the unfair competition among agencies.
In order to implement the obligation to the contract, hefty sentences are envisioned both to the guide and to the agency in our law. We don’t want that none of guides or agencies is exposed to be charged. Therefore please take notice of contracts issued in Agency-Guide Service Agreement and Customer-Guide Service Agreemen address and absolutely get it signed to the agency before go on the tour.
Please keep the contracts in your tour shell during the tour. Because the contracts are also checked absolutely in the supervisions.
Only in the case of emergency; if you have a valid excuse or it is not possibble to sign the contract physically, the tour can be taken up in the consequence of being sent the draft contract whose content sample is found in the above-stated address to the guide via SMS, an e-mail or fax. But this is a temporary situation and it is necessary that the contract should be signed after there is no longer any excuse and this will also be checked. It is obligatory for them to submit the signed contract within the next 7 days of the excuse ending.
It will be hardly believable and not be taken into account whether a guide going on the weekly tour has an excuse for not complete the contract.
Self-Employed Guide: The contract sample should be completely filled,the amount calculated according to the final and current wage scale should be written in the blank about pay.
- Permanent Guide: lt is necessary for the guide who is salaried employee in the agency making the tour that the same contract should be signed and if required, a sample of payroll certified by the agency official should be showed in the supervisions. The phrase “ work as Tourist Guide” should be especially checked in the payroll. If the payroll is the certified sample , the list of authorized signatures showing that the signatory is authorized should be in the file.
- Direct Guidance Service: The procedure about offering guidance service to the customer directly in the ruins, historical and cultural sites is issued in two languages in the Agency-Guide Service Agreement and it is necessary that contract sample which is quite simple than previous guide- agency conrtact should be filled and signed with the customer.
Now everybody can think this question about the contract : if the parties agree mutually, how will it be checked? By all means it is hard for supervisors to check such an attempt but it is not impossibe to ascertain it. Such attempts have great risks and there are severe sanctions aganist it. Cross checks relating to the matter will be done with the power and authority of being occupational organization partaking of a public institute (Social Security Institution (SSI), Finance Office and Prosecution Offices will come into play.) If the parties are at odds, serious problem will arise.
We invite everybody to work according to the tourism rights by pursuing business ethics instead of deceiving eachother. The supervisions are primarily conducted by Union of Tourist Guides' Chambers as well as the ministry.
3. TAX OBLIGATION
The new law does not contain a new provision about being tax payer of the guides. About this subject some agencies and guides misinform with a good or bad grace and set the thames on fire.
It is determined with income tax law whether we are tax payer or not. The guides excuse for being a tax payer with the income tax law if it meets certain conditions. This does not mean that the guide does not pay tax; this is one of the greatest misunderstanding. When a guide excusing from income tax takes up a tour, it is obligatory for an agency letting the guide make the tour that the agency should make payment with expense voucher and deduction at source by prepearing note of expenses for the guide. , the net amount which is the rest of stoppage and suchlike deductions and will pay tourist guide, is not lower than base pay.
All guides must be a member of the chamber. Besides, the indicators showing that you are a constant guide;
- Begin a business ( to offer guidance service)
- Create a website
- Provide business cards presenting service of tourist guide
If any one of these things happens, the guide goes beyond the scope of the exemption.
The guide not falling under the scope of exemption ( fulfilling any of the above-mentioned matters) has to be tax payer as a self-employed. In the circumstances, the guide has to make out ‘’Self-Employment Invoice’’ for agency. The net amount which is the rest of stoppage and value added tax forming as soon as the invoice is made out, is not be lower than base pay. The guide is required to apply to the affiliated tax office with the following documents in order to register as a self-employed and have the invoice needed.
- Certificate of residence
- The original and the copy of birth certificate
- List of authorized signatures
- Rental contract ( if the house is rented)
- The copy of title deed ( if the house belongs to the applier)
P.S. Rental contract or the copy of title deed is needed because the habitual place of abode is official address of the self-employed and all of the documents will be drafted correspondingly.
In order to give an invoice, a legal entity which has another activity except from ‘’ Guidance Service’’ should be formed. The guides can only be subject to the book under these conditions and make out an invoice. And yet some agency officials can say ‘’ you have to give us an invoice’’ , but this is due to their ignorance or misunderstanding of law. This can be just a reason for preference of agency letting the guide take up a tour; there is no force.
As a result; the guide just offer his service, if it is not a matter of an another situation indicating that he is guiding constantly (like company, website, advert or business card etc.), he would carry out his legal actions through the ‘Note of Expenses’ which would be arranged by the agency whose tour he is making.
The guides who enroll as a freelancer and have ‘’ Self-Employment Invoice ’’should give this invoice to the agency by filling it in due form and make required collections for their every tour program.
It is stated in the our law’s paragraph 1 of article 6 that guidage is net. The net amount is the amount that is paid after all of the legal deductions is cut, so the stoppage or vat pertaining to the guidage is not included in this amount. The mentioned items are calculated according to the net amount. As well as our tourist guide colleagues’ tax obligation is different, the concept of ‘’ the net amount ‘’ is indispensable. The deductions are not made under different types or appropriated with the other items. Turning a blind eye to this situaiton is an offence.
The base pay is net whether the tour is daily tour, packafe tour or night tour. If our colleagues do not fulfil their obligations on purpose, they commit an illegal act. Both tourist guides and agencies ar efor the high jump in the inspections carried out either on their own motion or on demand by the chambers and associations which are responsible for following wages policies known by the public ( the state’s other supervision mechanism will be included – this is the desire of the state). We would like remind you that even the act of sheltering the truth or informing incompetently requires disqualification from the job. In other words, the guide would be punished with being prohibited from practising his profession for a month to a year.
We do not want that any of our colleagues are punished; but this process is of vital importance in gaining acceptance of our profession.
This is a clarion call for all the guides; working lower than base pay is an offence…
Please don’t take part in crime with the promise of work and prosperity. Please never quit the base pay and net pay, warn everybody commiting an illegal act or offering you commit an illegal act. Set a good example on behalf of protecting our job and maintaining the prestige of guidance.
GENERAL PROVISIONS OF AGENCY & GUIDE SERVICE AGREEMENT
The Agency pays for the service charge provided in Agency&Guide Service Agreement that would be signed by the parts to the guide in cash with the receipt or by money order and EFT in five days at the latest till the account of the tour is closed. The net amount which is paid to the tourist guide after the rest of stoppage and suchlike deductions, is not lower than base pay determined on a yearly basis and nettably by Ministry of Culture and Tourism.
TUREB Administrative Board