Merhaba! I am Shun Yoshida from Tokyo Consulting Firm Turkey Office.
I hope you all are safe and stay healthy.
Please let me share more information about Employment Regulations & Measures under the Coronavirus Pandemic as same as the last two blogs. As the last episode on this topic, I will specifically mention regarding “Voluntary Termination” under COVID-19 pandemic.
As I have repeatedly explained the prohibition of dismissal in the last two blogs, termination of the employment contract by the initiative of the employer has been prohibited due to the COVID-19 pandemic. Other way around, this regulation does not include the termination of the contract by request from the employee-side which is so-called ‘voluntary termination’. In particular, it might not be infrequent that the employee finds another job on one’s unpaid leave period and eventually reaches to the voluntary termination. From the perspective of the employer, there may be some unavoidable cases which let one’s employees be on unpaid leave periods thanks to the deterioration in business environment. As a result, it may indirectly encourage employees to leave their jobs during the applicable periods against the employer’s will.
One of the main concerns in above case will be severance payment. To get straight to the point, the employer is not obliged to pay the severance payment in the cases of voluntary termination by the employee.
In the meantime, however, it goes without saying that availability of severance payment is surely the utmost concern to employees likewise. If one involuntarily got placed on unpaid leave period and has to leave the current job in the form of voluntary termination which does not deserve receiving severance payment, it would be very difficult to achieve the peaceful retirement with no trouble. Agreeing with the employee for voluntary termination in return for the *monetary payment which is equivalent to the severance payment with written contract can be considered as a countermeasure to be taken for the aforementioned. It helps the employment contract to be smoothly terminated without violating any regulations during the coronavirus pandemic.
* The amount paid by the employer to the employee does not necessarily have to be equal to or bigger than the severance payment. There is no specific rule on the amount as long as there is agreement between the two parties.
It is of course possible for us to provide legal support regarding the mentioned contract. Please feel free to contact us.
That is all for this week.
We are offering free meeting regarding establishment and business development in Turkey. Furthermore, it is possible for us to provide employee training and personnel evaluation system as solutions to develop the in-company productivity and activate the employee’s performances.
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/
～▶YouTuberになりました！～
弊社YouTubeチャンネル『久野康成の毎日が有給休暇!!』を開設いたしました！
「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！
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。
