Duration of the Termination Prohibition and Employers’ Option to Send Their Employees on Unpaid Leave are Extended

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Uçar Law & Consultancy Office

Uçar Law & Consultancy Office

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Regarding the Provisional Article 10 of the Labor Law dated 22/5/2003 and numbered 4857, published on the date 22/04/2020, for 3-months from the effective date of the article, regardless of whether it is within the scope of this Law or not, all type of contracts of labor or service cannot be terminated by the employer, except for the cases where the employees do not comply with the rules of morality and goodwill of first paragraph of Article 25 of the Labor Law.

The relevant regulation also includes that the employer may allocate the worker for unpaid leave in whole or in part within the termination prohibition period, not exceeding 3-months, and taking unpaid leave under this article will not give the employee the right to rightful termination. Otherwise, in case where the employer or its representation terminates the employment contract, contrary to the given provisions, it was decided to impose an administrative fine in the amount of the monthly gross minimum wage on the date of the act for each employee whose contract was terminated against.

Although the authority to take the decision is designated as the Presidency, the discretion to extend the periods specified in the article up to a maximum of 6-months is left to the President. This authorization may be extended three times in two-month periods.

With the Presidential Decree No. 2930 published in the Official Gazette dated 04/09/2020 and numbered 31234, it has been decided to extend the periods specified in the abovementioned paragraphs of the Provisional Article 10 for 2 more months as of September 17, 2020, in accordance with the fourth paragraph of the article.

As a result of this extension, the end date was set as November 17, 2020 in terms of the employer’s termination prohibition and the option to take unpaid leave.

The full text of the Presidential Decree can be accessed here.

You can contact us for further information and to take advantage of our advocacy and consulting services. You can find detailed information about our office’s work on Labor and Social Security Law on our website.

Damla KIZIL (Apprentice Attorney)

Işınsu AKDURUCAK (Apprentice Attorney)

Uçar Law & Consultancy Office

Diclaimer:

This article is prepared by Uçar Law & Consultancy Office for information purposes only, and the information and visual materials contained in it cannot be used, reproduced, published, transmitted to a third party or translated without prior written permission from us. This legal memorandum is not a comment or legal opinion and was prepared on the publication date and our attorney’s office is not responsible for its failure to
update continuously.”

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