トルコ進出なら『海外投資の赤本』の 東京コンサルティングファーム

Merhaba! I am Shun Yoshida from Tokyo Consulting Firm Turkey Office.

I hope you all are safe and stay healthy.

 

I would like to tell you about Employment Regulations & Measures under the Coronavirus Pandemic following to the previous blog. This time, I would especially love to explain to you all regarding “Handling of Unpaid Leave Periods” during the COVID-19 disaster in the Q&A format.

 

As mentioned in the previous blog, termination of employment contracts from the employer-side (dismissal) is banned in principle whist the unpaid leave period can be started and ended without the consent of the employees as an employers’ rights. Although dismissals are prohibited, salary will not be paid during the unpaid leave periods and the amount each can receive from İŞKUR (Turkish Employment Agency) is quite limited and obviously by no means sufficient to make a living. Therefore, employees placed on unpaid leave periods in the coronavirus pandemic are granted some special rights.

 

① Is it possible for an employee to start another jobs during the unpaid leave period?

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As explained above, it is no exaggeration to say that it is impossible to make a living by relying on only the cash wage support from İŞKUR while the unpaid leave period is applied. Therefore, employee is entitled to get another job during one’s unpaid leave period in the coronavirus pandemic.

 

② Is it possible for an employee to keep receiving financial support from İŞKUR in case the one starts another job during the unpaid leave period?

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If the employee starts another job during one’s unpaid leave period, wage support from İŞKUR will need to be suspended. Consequently, in case one starts another job, employer must notify to İŞKUR, which means employee has an obligation to inform one’s employer. Please be informed that an administrative fine and refund of total amount might be accrued if an employee kept receiving cash wage support from İŞKUR though one is already employed in another workplace during the unpaid leave period.

 

③ If the employer terminates the unpaid leave application and invites the employee back to work (continue to work) when one’s unpaid leave period is over, is it possible for the employee to choose new job?

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New job which the employee started during one’s unpaid leave period is irrelevant to the employer and the employee will be entrusted to decide which to choose. Hence, it is of course possible for the employee to choose a new job. On the other hand, choosing a new job is deemed to have rejected the employer’s request and decided to leave the current job. In this case, the employment contract has to be terminated as a voluntary termination by request from the employee due to the prohibition of dismissal. I will write more details about the said voluntary termination in the next blog.

 

That is all for this week.

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/news/business-in-turkey/can-a-worker-on-unpaid-leave-get-another-job/

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「久野康成の毎日が有給休暇!!」では、代表の久野が作った365の金言を
『久野語録』として日めくりカレンダーにまとめ、内容を毎日解説していきます。

チャンネル名にある通り、「毎日が有給休暇」になるような生き方のツボとコツを発信しておりますので
ぜひ一度ご覧頂ければと思います！

また、代表の久野が執筆した
『国際ビジネス・海外赴任で成功するための賢者からの三つの教え 今始まる、あなたのヒーロー』
の解説を、執筆者自らが行っている「賢者からの3つの教え」シリーズもぜひご覧ください！

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東京コンサルティングファーム・トルコ拠点
吉田瞬

※）記載しました内容は、作成時点で得られる情報を基に、細心の注意を払って作成しておりますが、その内容の正確性及び安全性を保障するものではありません。当該情報に基づいて被ったいかなる損害についても情報提供者及び弊社（株式会社東京コンサルティングファーム並びにTokyo Consulting Firm Private Limited, Tokyo Consulting Firm Human Resources Private Limited）は、一切の責任を負うことはありませんので、ご了承ください。