REGARDING THE TIME EXTENSION FOR SHORT-TIME WORK ALLOWANCE, PROHIBITION OF TERMINATION AND UNPAID LEAVE

27 October 2020

A. Time Extension for Short-Time Work Allowance

The duration of the short-time work allowance has been extended for an additional period of 2 (two) months with the Presidential Decree dated 26 October 2020 and numbered 3134.

Previously, the duration of short-time work allowance for workplaces which have applied for the short-time work until 30 June 2020 (including this date) was extended by 1 (one) month at a time; without a need for a new application and conformity assessment, for the same employees who have previously benefited from short-time work and with the same conditions. As such, 1 (one) month period was determined as:

starting from 01.07.2020 for the workplaces where the implementation of short-time work has ceased before 30 June 2020,
starting from the expiration date of short-time work for the workplaces where the implementation of short-time work continues as of 30 June 2020.

With the Presidential Decree dated 30 August 2020 and numbered 2915, the above-mentioned periods had been further extended by 2 (two) months. Now, with the Presidential Decree No. 3134, the period has been extended for another 2 (two) months. This 2 (two) month extension period shall commence as of the end of the two-month period indicated above which has been set by the Presidential Decree No. 2915. Accordingly, employees of the workplaces mentioned in the first bullet above, will be entitled to a short-time work allowance until the end of December. In the case of workplaces mentioned in the second bullet above, the end date of the short-time work allowance will be different for each workplace.

B. Time Extension for Prohibition of Termination and Unpaid Leave

The periods of the termination prohibition and the right of the employer to implement unilateral unpaid leave has been extended for an additional period of 2 (two) months starting from 17 November 2020 in accordance with the Presidential Decree dated 26 October 2020 and numbered 3135 published in the Official Gazette dated 27 October 2020 .

Therefore, employment or service agreements cannot be terminated until 17 January 2020, except for termination due to the violation of ethics and good faith rules and other similar reasons stated under subparagraph (II) of paragraph one of Article 25 of the Labour Law and relevant provisions of other laws, expiration of the term in employment or service agreements with definite term, closure of the workplace for any reason and cease of its activity and cease of work in all kinds of service purchases and construction works made according to the relevant legislation. However, the employers may, either completely or partially, send the employees on unpaid leave without exceeding this period.

 

Source : Güner Law Office

 

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