Measures Taken in the Fields of Labor and Social Security Within the Scope of the State of Emergency (OHAL)

In the Turkish legal system, State of Emergency regimes, which have a constitutional basis, may require direct intervention in working life to preserve social and economic stability. Regulations implemented in the fields of labor and social security under OHAL temporarily redefine the balance between the employee and the employer. From a 2026 perspective, every decree published during declared extraordinary periods serves as a vital tool for protecting employment and ensuring the sustainability of the social security system.

As Esenyel & Partners, we closely monitor all evolving legislation and judicial precedents regarding social security measures to ensure our clients do not face administrative fines and to prevent any loss of rights during these critical processes.

Protection of Employment and Termination Ban Practices

The most fundamental regulation introduced to protect the social fabric in declared regions is the termination ban. During the State of Emergency, the employer’s right to unilaterally terminate employment contracts is restricted. These bans, which come into effect as of a specific date, are strictly applied except for exceptions such as the closure of the workplace or violations of the “rules of ethics and good faith.”

At this point, the effectiveness of labor and social policies under OHAL is measured by the deterrent effect of administrative fines imposed for non-compliance. The Esenyel & Partners team provides professional guidance in ensuring full compliance with these measures by conducting “just cause” analyses for employers, especially in complex termination processes.

Short-Term Working Allowance and Cash Wage Support

In provinces where economic activity is interrupted, the Short-Term Working Allowance (STWA) mechanism is activated to enable businesses to survive. Contrary to the lengthy inspection processes of normal periods, it is a common practice to accelerate these processes via decree and shift the eligibility determination to a declaration-based system.

For employees who do not meet the criteria for the allowance, Cash Wage Support acts as a safety net. While these measures enable the employee to meet basic needs, they also prevent the employer from losing a qualified workforce. The amount and duration of cash supports are revised according to the economic conditions of the relevant period.

Law No. 5510 and General Health Insurance (GHI) Rights

One of the clearest manifestations of the “social state” principle is access to health services. During OHAL periods, certain obligations under Law No. 5510 on Social Insurance and General Health Insurance are relaxed. Particularly in provinces affected by disasters or crises, citizens are ensured continued access to general health services regardless of their premium debts.

The assumption or deferral of General Health Insurance premiums by the state is among the most critical measures during these times. At Esenyel & Partners, we manage our clients’ notification obligations regarding general health and insurance processes by considering force majeure events, ensuring they benefit from social security incentives at the maximum level.

Suspension of Time Limits and Collective Rights

Another legal consequence of a State of Emergency declaration is the suspension of judicial and administrative time limits. Collective labor agreement negotiations, strike and lockout decisions, and forfeiture periods (statute of limitations) under the specified laws may be suspended during the OHAL period. This situation provides a ground for conducting union processes in a healthier environment.

Conclusion and Professional Consultancy

Labor and social security legislation under OHAL is a field that leaves no room for error due to its speed and scope. Correct interpretation of the declared measures not only avoids punitive sanctions but also ensures utilization of the financial supports provided by the state.

As Esenyel & Partners, we meticulously analyze all measures regarding labor law and social security legislation during these exceptional periods of working life, guaranteeing our clients’ legal security. You can contact us for all your questions regarding current regulations, the implementation of Law No. 5510, and the overall process.