The period of benefiting from short-time working allowance, Prohibiton on Termination and Unilateral Unpaid leave periods are extended for 2 months.

With the Presidential Decision No. 3134 published in the Official Gazette No. 31287 dated 27.10.2020 and the Presidential Decision No. 3135 published in the Official Gazette dated 27.10.2020 the period of benefiting from short-time working allowance, Prohibiton on Termination and Unilateral Unpaid leave periods are extended for 2 months:

  • The period of  benefiting from Short-time working Allowance Has Been Extended for 2 Months.

 

With the addition of temporary article 23 to the Unemployment Insurance Law No. 4447 by a provision in the “Law on the Amendments to Certain Laws No. 7226” it had been regulated that : For the short-time working  applications made for the compelling reason originating from the new coronavirus (Covid-19),excluding the termination of the service contract envisaged in the third paragraph of the additional article 2 for the employee to qualify for the short-time working allowance the provision to fulfill the conditions of entitlement to unemployment insurance, short working start date those who have been subjected to service contract for the last 60 days, have worked for 450 days insured in the last three years unemployment insurance premium is applied as paid.

 

With the Presidental Decision No. 3134 which is published in the Official Gazette dated 27.10.2020, it has been decided to extend the duration of the short-time working allowance for workplaces where short-time working is applied due to compelling reason within the scope of periodic situations caused by new coronavirus (Covid-19) external effects. In the attached decision, the duration of the short-time working allowance for workplaces that  applied for  short-time work until 30/06/2020 (including this date) for compelling reasons within the scope of periodic situations caused by the new coronavirus (Covid-19) external effects) is extended for 2 months without the need for a new application and eligibility determination,

– for the same employees who had previously benefited from short-time working, provided that same conditions are maintained, 

-and for workplaces whose short work practice ended before 27/10/2020, from 01/11/2020 which is the publication date of the decision to 01/01/2021,

– in terms of workplaces whose short-working practice continued on the date of the publication of this Decision.

  • Prohibition on Termination and the right of Unilateral Unpaid leave period is extended by 2 months

 

With the Law on the Amendments to Certain Laws No. 7226 and temporary Article 10 which has been added to Labor Law No. 4857 , it is regulated that all kind of employment or service contracts, irrespective of whether they are within the scope of the Labor Law or not are prohibited to be terminated by the Employer, except for cases that do not comply with the rules of ethics and bonefide specified in the subparagraph (II) of the first paragraph of Labour Law Article 25 and the relevant provisions of other laws, and similar reasons effective as of the date of the article. Also within three months from the effective date of the law, the Employer has been granted  the right to send the employees to wholly or partially unpaid leave, and these periods are extended for two months by these most current Presidental decision.

           With the Presidential Decision No. 3135 which is published in the Official Gazette dated 27.10.2020, it was decided to extend the said periods for 2 more months. Thus, Prohibition on Termination and the right of unilateral unpaid leave period for employer which were previously valid until 17.11.2020 has been extended until 17.01.2021.

 

Çukur & Yılmaz Ortak Avukatlık Bürosu

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