Measures Taken in the Field of Labor and Social Security Within the Scope of the State of Emergency (“SoE”) Under Presidential Decree No. 125 Published in the Official Gazette Dated February 22, 2023, Can Be Summarized as Follows:
PAYMENT OF SHORT-TIME WORK ALLOWANCE:
Under Article 2 of the Decree, it has been decided that if employers document that their workplaces have been damaged, destroyed, or are to be demolished due to the earthquake, a short-time work allowance will be granted based on the application without waiting for the completion of the eligibility determination.
This regulation will apply in the provinces and districts to be determined by the Ministry of Labor and Social Security within the regions where the state of emergency has been declared and in workplaces with documented damage.
PROHIBITION OF TERMINATION OF EMPLOYMENT:
Under Article 3 of the Decree, in the provinces where the state of emergency has been declared, from the date the decree comes into effect (22.02.2023) and throughout the state of emergency, employers will not be allowed to terminate employment contracts.
The exceptions to the prohibition on termination are as follows:
- Cases falling under Article 25/II of the Labor Law No. 4857, i.e., acts contrary to morality and good faith rules, and similar cases,
- Expiration of a fixed-term employment contract upon the end of the term,
- Closure of the workplace for any reason or cessation of its activities,
- Completion of work in service procurement and construction works of any kind.
Employers who terminate employment contracts in violation of this regulation will be required to pay an administrative fine equal to the gross minimum wage.
CASH WAGE SUPPORT:
In the provinces where the state of emergency has been declared, workers whose employment contracts were terminated as of the earthquake date (06.02.2023) will be provided with daily cash wage support of **133.44 TL** for the duration of their unemployment, not exceeding the state of emergency period.
The following workers will not be eligible for this regulation:
- Those receiving short-time work allowance,
- Those receiving unemployment benefits due to losing their jobs as a result of workplace closures caused by the earthquake,
- Those receiving retirement pensions from any social security institution.
Additionally, workers benefiting from this provision will be considered general health insurance holders, and their health insurance premiums will be covered.
MEASURES RELATED TO TIME PERIODS:
Under Article 5 of the Decree, in the provinces where the state of emergency has been declared, the time periods within the collective bargaining process have been extended for the duration of the state of emergency, effective from **06.02.2023**.
Furthermore, the one-month period stipulated in Article 38, Paragraph III of the Labor Law No. 4857, requiring that the amounts deducted from wages as penalties by employers be deposited into the account of the Ministry of Labor and Social Security to be used for the education and social services of workers, has also been extended for the duration of the state of emergency.
Although the regulation contains further details, in general, it aims to protect the rights of both workers and employers during this extraordinary period.
If you have any questions, requests, or need further information based on the above explanations, the **Esenyel & Partners** team would be happy to assist you.
