In order to balance the reflections of the changes created by COVID-19 in our world, a number of innovations have been introduced in the scope of Temporary Article 10 of the Labor Law no. 4857 on the prohibition of termination of the employer’s employment contract and unpaid leave periods.
In accordance with the provisional article 10/1 of the Labor Law No. 4857 on the prohibition of termination of the employer’s employee the arrangement that been introduced is as follows: “..any business or service contract, for a period of three months from the date 16/04/2020 of Article 25, paragraph (II) a numbered paragraph is contained in the relevant provisions of other laws and to the rules of morality and good faith and for similar reasons contradicting, specific service term employment contracts or termination for any reason, at the end of the period of operation and closure, all kinds of service purchases made in accordance with the relevant legislation and construction work may not be terminated by the employer, except in cases of termination of work.”
Likewise, free leave periods are also arranged in the 2nd Paragraph of the same article as follows: ” … from 16/04/2020, the employer may allocate the employee to unpaid leave in whole or in part, so as not to exceed the three-month period. Leaving on unpaid leave under this article does not give the employee the right to terminate the contract on the basis of a justified reason”
Both paragraphs have been amended to extend the periods stipulated for both regulations by the Presidency dated 09/03/2021 and published in the Official Gazette No. 31418 with the Decree No. 3592 to the date 17/05/2021, which is, for a further 2 months.
In this context, the prohibition on termination of employment contracts by the employer with the application of cash wage support has been extended until 17/05/2021.
The full text of the Decree can be accessed here.
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Âlâ Nur ALTUNTAŞ (Apprentice Attorney)
Uçar Law & Consultancy Office