Merhaba! I am Shun Yoshida from Tokyo Consulting Firm Turkey Office.
I hope you all are safe and stay healthy.
With the intermittent increase in the number of COVID-19 infectants and the wide-spread of new variants, the immigration and moving restrictions got to be further tightened all corners of the world. In Turkey as well, aforesaid restrictions which had been loosened once such as curfew at nights and weekends have been tightened once again.
For the next 3 weeks I would like to mention regarding “Employment Regulations & Measures under the Coronavirus Pandemic” as a series topic. This week, I will explain an overview of the government’s announcement regarding “Termination Ban” and “Unpaid Leaves”.
In Turkey, various measures have been announced and implemented by the authorities against the spread of COVID-19 infection so far as most other countries have. “Termination Ban” and “Unpaid Leaves without Employees’ Consent” would be one of the typical examples. It specifically means while employment termination is prohibited in consideration of the deterioration of domestic employment environment due to COVID-19, employers are allowed to initiate and terminate the unpaid leave without getting approval from their employees up to *3 months during the applicable period.
Therefore, termination of the employment contract by the initiative of the employer is not permitted except for the legitimate stipulated in the Article 25 of Turkish Labour Law at this point.
(*Normally, unpaid leaves are not allowed to be applied without the consent from both the employee and employer.)
Originally, the application period of these two measures were announced as limited-time measures for 3 months starting from April 17th, 2020, however, its extension has been repeated several times and re-extension to March 17th, 2021 was announced in the official gazette No. 31350 dated December 30th, 2020. Since the president has the authority for its extension until the end of June, 2021, further extension can be easily imaginable considering the current situation which the number of infectants is continuously increasing.
Since the employees placed on unpaid leaves at the employer’s discretion will be treated as the temporarily unemployed, the employer can apply for 39.24 TRY/day of cash wage support from İŞKUR. For detailed application process, please kindly refer to the official website of İŞKUR down below.
That is all for this week. I will share more additional information related to unpaid leaves next week in the Q&A format.
We offer free meeting (online/offline) regarding establishment and business development in Turkey.
If you have any question other than the above topic, please do not hesitate to contact us.
Thank you very much for your time to read until the end.
References
- Turkish Labourlaw
https://turkishlaborlaw.com/turkish-labor-law-4857/19-4857-labor-law-english-by-article/ - İŞKUR
https://www.iskur.gov.tr/is-arayan/issizlik-sigortasi/nakdi-ucret-destegi/ - Resmî Gazete 31350
https://www.resmigazete.gov.tr/eskiler/2020/12/20201230-14.pdf
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