PAYMENT OF SHORT-TIME WORKING ALLOWANCE:
Article 2 of the Decree stipulates that employers are obliged to provide the following information to their employers: their workplaces damaged, demolished or to be demolished due to an earthquake
the application without waiting for the completion of the conformity determination.
it was decided that short-time working allowance would be granted in line with this decision.
This regulation will be determined by the Ministry of Labour and Social Security in the regions where the State of Emergency is declared.
will be valid in provinces/districts and workplaces with documented damage.
PROHIBITION OF DISMISSAL:
With Article 3 of the Decree, as of the effective date of the decree in the provinces where the State of Emergency has been declared
(22.02.2023) It has been decided that employers may not terminate employment contracts during the State of Emergency.
Exceptions to the prohibition of dismissal are the following cases;
•Article 25/II of the Labour Law No. 4857, i.e. situations that do not comply with the rules of morality and goodwill
and similar cases,
•Termination of a fixed-term employment contract upon expiry of the term,
•Closure of the workplace for any reason or cessation of activity,
• The end of the work in all kinds of service procurement and construction works.
The employer who terminates the employment contract in violation of this regulation is subject to an administrative fine in the amount of gross minimum wage
will have to pay.
CASH WAGE SUPPORT:
In the provinces where the State of Emergency was declared, unemployed workers whose employment contracts were terminated as of the earthquake date (06.02.2023)
cash wage support of 133.44 TL per day for the duration of their stay, not exceeding the duration of the SoE
will be given.
The following workers will not benefit from this regulation;
•Those paid short-time working allowance,
•Those who are paid unemployment allowance because they became unemployed due to the closure of their workplaces as a result of the earthquake,
•Those who receive old age pension from any social security institution,
In addition, the workers benefiting from this article will be considered as general health insured and the general health insurance
premiums will be paid.
MEASURES TAKEN FOR DURATIONS:
With Article 5 of the Decree Decree, the periods within the collective labour agreement process in the provinces where the State of Emergency has been declared
06.02.2023 for the duration of the State of Emergency.
However, as regulated in paragraph III of Article 38 of the Law No. 4857; employers are required to pay wages
to be used and spent for the training and social services of the workers
1 month in the regulation regarding the deposit to the account of the Ministry of Labour and Social Security within 1 month
The period was also extended for the duration of the State of Emergency.
Although the regulation in question also includes other details, in general terms, in this extraordinary process, labour and
employer rights have been tried to be protected.
In the light of our explanations above, if you have any questions, requests or need further information
We will be happy to assist you as ‘Esenyel & Partners’ team.
