NEWSLETTER-2020-metin

340 NEWSLETTER 2020 Effects of the Force Majeure Concept in Labor Law* Att. İdil Uz Introduction The novel coronavirus (“Covid-19”) detected firstly on 31.12.2019 in the city of Wuhan, which is in the Hubei State of China, was sub- sequently declared as a pandemic by the World Health Organization. Taking the contagiousness and harm caused by the disease into ac- count, governments have taken many measures to minimize the effects of the Covid-19 that will be inflicted on their countries. The most com- mon of these measures are social distancing, curfews in various forms, and temporary changes made to legal legislation. These measures have implications in working life, as well as in the economic and social fields. Accordingly, the effects that started to produce results in many areas will also manifest themselves in the field of labor law and, after this process, it may lead to an increase in disputes. In this Article, while analyzing the effects of the Covid-19 in labor law, which is currently considered as a force majeure, the mea- sures carried out to reduce the impact of the epidemic from the time it started to show its effects in Turkey, and the possible consequences of these measures, will be discussed. The Concept of Force Majeure Although in many articles of Labor Law No. 4857 (“Labor Law”), 1 the possible effects that a force majeure may result in during the performance of employment agreements have been stipulated, the definition of this concept is not regulated. However, in the Regulation on Short-Term Working and Short-Term Working Allowance (“Short- Term Working Regulation”), which is based on the Labor Law and Unemployment Insurance Law No. 4447 (“Unemployment Insurance * Article of April, 2020 1 Articles 24/1,III - 25/1,III – 40 - 42 - 46/5 - 55/1,d - 64/1 of Labor Law No. 4857.