The statement on the Law No. 506 (previously Social Security Law) stating that employees should terminate job contracts and make a written request for retirement/pension benefits has been cancelled by the Constitutional Court and published on the Official Gazette on March 3, 2021 and numbered 31412.

Social Security Institution has published a new Communique (No: 2021/5) with regards to the above decision and stated that termination from the job and written request requirements are still valid for the retirement benefits per the Law No. 5510 (valid as of October 1, 2008).

On the Communique; Social Security Authorities refer to the Article 28 of the Law No. 5510, which states that the employees should terminate job contracts and request retirement benefits in writing for retirement benefits.

They also state that the Court Decision was about the previous Social Security Law No. 506 and with the Article 106 of the Law No. 5510, the related statement on the Law No. 506 has been cancelled. So, the new passage in Law No. 5510 stating that employees should terminate and request retirement benefits in writing is valid.

Accordingly, the requirements of termination from job and written retirement benefit request to SSI are still valid for retirement benefits.

Remote work is defined as below in Article 14 of the Labor Law No. 4857;

"Remote work is a business relationship established in writing based on the principle that the employee fulfills their job at home or outside the workplace with technological communication tools."

Based on this article, the Remote Work Regulation has been published in the Official Gazette dated March 10, 2021 and numbered 31419.

Regulation details are as below:

Purpose

The purpose of the regulation is defined in the below article;

ARTICLE 1 - (1) The purpose of this Regulation is to determine the tasks that cannot be done remotely and procedures & principles of remote work

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.

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: