Periods regarding short-term employment allowance for businesses that apply short-term work due to the Covid-19 pandemic within the scope of force majeure, and the periods for prohibition of employment contract termination have been extended with the Presidential Decision numbered 3134 and the Presidential Decision numbered 3135, respectively; that are published in the Official Gazette dated 27.10.2020 and numbered 31287.
Short-term employment allowance period is extended for the businesses that apply short-term employment due to force majeure arising from Covid-19 pandemic. With the Presidential Decision dated 26.10.2020 and numbered 3134 (“Decision no. 3134”), it is decided that the period of short-term employment allowance is extended for two months starting from 30.10.2020, in accordance with the provisional article 23 of the Unemployment Insurance Law no. 4447. Along with the Decision no.3134 published in the Official Gazette dated 27.10.2020 and numbered 31287 (“Official Gazette dated 27.10.2020”), which entered into force simultaneously, the employers may continue to benefit from the short-term employment allowance until 30.12.2020.
In parallel to extension of periods regarding short term employment allowance, the periods for the prohibition of employment contract termination due to Covid-19 pandemic is extended as well. With the Presidential Decision dated 26.10.2020 and numbered 3135 (“Decision no. 3135”) published in the Official Gazette dated 27.10.2020, it is decided that the period for the prohibition of employment contract termination is extended for two months starting from 17.11.2020, within the framework of the provisional article 10 of the Labor Act no. 4857 (“Labor Act”). Accordingly, employment contracts cannot be terminated until 17.01.2021 except for the reasons stated in the provisional article 10 of the Labor Act, nevertheless employers have the right to make the employee take partial or full unpaid leave for at most 3 months. The employee cannot exercise such unpaid leave conditions as a cause for rightful termination of the employment contract.
You may reach the full Turkish texts of the Decisions via the links below, respectively:
https://www.resmigazete.gov.tr/eskiler/2020/10/20201027-1.pdf
https://www.resmigazete.gov.tr/eskiler/2020/10/20201027-2.pdf
