APPLICATION OF FREE LEAVE AND REMOVE OF STAFF DUE TO COVID-19

DUE TO COVID-19, A PROHIBITION HAS BEEN IMMEDIATT TO REMOVE PERSONNEL FOR 3 (THREE) MONTHS.

  • Provisional Article 10 was added to the Labor Law No. 4857 with Article 9 of Law No. 7244 published in the Official Gazette dated 17.04.2020.

  • As per the new regulation, regardless of whether it is within the scope of the Labor Law or not, any business or service contract cannot be terminated by the employer for 3 (three) months from 17.04.2020.

  • However, situations that do not comply with the rules of ethics and goodwill included in the relevant provisions of Law No. 4857 and other laws, and similar reasons will not be covered by this article.

  • The EMPLOYER, who dismisses the personnel contrary to these provisions, will be given an administrative fine for each worker in the amount of the monthly gross minimum wage effective on the date of the act.

  • EMPLOYERS ARE GIVEN THE RIGHT TO SEND THEIR PERSONNEL FOR 3 (THREE) MONTHS OF FREE LEAVE FROM 17.04.2020.

  • EMPLOYERS have the right to leave the employer on unpaid leave in whole or in part, not exceeding 3 (three) months from 17.04.2020

  • Workers will not be able to object to the EMPLOYER's decision to take unpaid leave or terminate their employment contract for this reason.

  • THE PROHIBITION OF TERMINATION OR THE RIGHT TO GRANT FREE PERMISSION CAN BE REMOVED UP TO 6 (SIX) MONTHS.

  • If the effects of Covid-19 continue, the President will be able to extend these applications, which were initially introduced for 3 (three) months, up to 6 (six) months.
  • NEW ARRANGEMENTS IN SHORT WORK PAYMENT.
  • For short work allowance applications, short work payment will be made on the basis of EMPLOYER's statement without waiting for the completion of eligibility determination. With this regulation, payments will be made without waiting for "conformity determinations" made by İŞKUR.
  • However, if an incorrect situation is detected in the statement of the EMPLOYER in the future, excessive and improper payments will be collected from the EMPLOYER together with the legal interest.
  • This regulation will be applied from 29.02.2020.
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