Social Security Law and Legislation

12March2021

Supreme Court Decisions on Fixed-Term Contracts

As it is known, after the closure of the 22^nd Legal Office of the Supreme Court of Appeals, the disputes with the 9^th Civil Chamber of the Supreme Court decision were discussed and the final decisions were announced.

You can find below the details of the policy decisions on fixed-term employment contracts:

1) Regarding whether it is possible for the employer to claim that there are no objective conditions for a fixed-term employment contract:

Although, there is no objective condition to conduct or renew a fixed term employment contract;

If a fixed-term contract is conducted and the employer terminates it without a valid reason, the employee can request the remaining portion of the wages, the employer cannot request notice payment.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation, Labor Law

09March2021

Termination Ban and Pandemic Unpaid Leave are Extended to 17.05.2021

Cash wage support/pandemic unpaid leave and termination ban due to Covid19 have been extended to May 17, 2021.

The decision was published in the Official Gazette dated 09.03.2021 and numbered 31418.

The related regulations are located on the Labor Law Temporary Article 10 as below:

"TEMPORARY ARTICLE 10 - Regardless of whether this Law covers it or not, any employment or service contract cannot be terminated by the employer for three months from the effective date of this article other than these cases: if they do not comply with the rules of ethics and good faith that are stated in item (II) of the first paragraph of Article 25 and the relevant provisions of other Laws and in similar cases, if fixed-term work or service contracts expire, if the workplace closes for any reason or its activities stop, if there are any kinds of services purchased in accordance with the relevant legislation and if the work is over in the construction work.

The employer may leave the worker entirely or partially on unpaid leave for a period of three months from the effective date of this article. Being entitled to unpaid leave under this article does not give the employee the right to terminate the contract based on the justified reason.

In violation of the provisions of this article, the employer or his/her representative, who terminates the employment contract, is given an administrative fine at the monthly gross minimum wage amount for the employee whose contract is terminated.

The President is authorized to extend the three-month periods in the first and second paragraphs up to six months."

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation, Labor Law

08March2021

Employer Support Payments on Short-Term Employment

As known, the short-term employment period expires as of March 31, 2021 (The deadline for cash wage support/pandemic unpaid leave and termination ban is on March 17, 2021).

Accordingly, it is necessary to recall the issue of social security and income tax declarations of employers' payments as a support in the short-term employment period.

Social Security Premiums

Per the Article 80 of the Law No. 5510;

"Earnings subject to premium for insurance holders under item (a) of paragraph one of Article 4 shall be determined as follows.

a) In the calculation of earnings subject to premium, a gross total of;

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation

03March2021

Cancellation of Retrospective Benefit in Employment Incentives

According to the recent amendments on the Law, the opportunity to benefit retrospectively from premium incentives, supports, and discounts that were not utilized on time is eliminated.

The draft statement is as below:

ARTICLE 27 - The first paragraph of the additional article 17 of the Law No.5510 has been changed as below.

"The premium incentives, supports and discounts provided by this Law or other laws for the months / periods that were not utilized cannot be utilized retrospectively, and the premium incentives, supports and discounts that were used cannot be changed with another premium incentive, support and discount."

Based on this, employers can check whether they utilized their incentives in the previous periods, and take the necessary actions immediately to benefit from them.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation