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01July2020

Short-Term Employment & Employment Guarantee Period Extension

Short-Term Employment & Employment Guarantee Period Extension

Due to Covid-19, short-time working allowance was extended by 1 month for workplaces where short-term work was carried out.

In addition, the temporary employment guarantee period was extended by 1 month.

According to the decision, a short working period can be extended for the same employees who have previously benefited from short work and without exceeding the same conditions without the need for a new application and determination of conformity.

The decision regarding the extension of the short working period was published in the Official Gazette dated 31 June, No. 30, 2020. Decision text is as follows:

Short-Term Working Period Extension

"ARTICLE 1- (1) In accordance with the principles stated in the additional coordination of the new coronavirus (Covid-19) within the framework of the principles stated in the Unemployment Insurance Law No: 4447, provisional article 23, The duration of the short-term employment allowance for workplaces that have applied for short-term employment until 30/6/2020 (including this date) extended for 1 month as of 01/07/2020 for the same workers who have previously benefited from short work, and without exceeding the same conditions, for the workplaces whose short work practice has ended before the publication date of this Decision. In terms of ongoing workplaces, short-term employment period has been extended starting from the short work end date for one month.

(2) Payments for compelling reasons within the scope of periodic situations due to external influences due to the new coronavirus (Covid-19) are not deducted from the initial unemployment benefit period,

Force

ARTICLE 2- (1) This Decision becomes effective on the date of its publication.

Executive

ARTICLE 3- (1) The Minister of Family, Labor and Social Services executes the provisions of this Decision."

You may access the relevant Turkish circular by clicking the link.

Temporary Employment Guarantee

The decision regarding the extension of temporary employment guarantee was published in the Official Gazette dated 31 June 2020 and numbered 31171. Decision text is as follows:

"It has been decided in accordance with the fourth paragraph of the temporary article 10 of the Law No: 4857 that the periods specified in the first and second paragraphs of the temporary article 10 of the Labor Law No: 4857 be extended."

The Temporary Article 10 Mentioned is as Follows

"TEMPORARY ARTICLE 10 - Regardless of whether this Law is covered or not, any employment or service contract does not comply with the rules of ethics and good faith in paragraph (II) of the first paragraph of Article 25 and other relevant laws for a period of three months from the effective date of this article. Except for cases and similar reasons, it cannot be terminated by the employer.

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 support 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."

You may access the relevant Turkish circular by clicking the link.

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation

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