NEWSLETTER-2020-metin

341 LABOR LAW Law”), a force majeure is regulated as periodical conditions that have not originated from the employer’s own management, are unforeseen and, therefore, unpreventable, and result a temporary decrease in working time, or a complete or partial termination of activity or con- ditions, such as earthquake, fire, flood, landslide, epidemic, or mobili - zation. Thus, the Covid-19 pandemic is considered as a force majeure. In many fields of law, the concept of force majeure is defined as extraordinary reasons that are inevitable and unpreventable, and which result in the deficiency of the obligor in his/her undertaking, or fails in his/her performance by disconnecting the causal relation; however, the results that may arise from a force majeure may vary. For instance, under Article 134 of Turkish Code of Obligations No. 6098, entitled, “Impossibility of Performance”, it is regulated that the obligation is deemed extinguished where its performance is rendered impossible by circumstances not attributable to the obligor. However, as a rule, force majeure in labor law does not automatically terminate the employment agreement. If a force majeure has caused the impos- sibility of temporary performance, this is considered as a suspensive reason in terms of employment agreements. 2 Therefore, an employ- ment agreement continues to exist in the suspension process, but the basic obligations of the parties are delayed within this period 3 . Force Majeure Articles Regulated Under Labor Law Legislation Some remedies are envisaged in labor law legislation in order to prevent the parties from suffering due to a force majeure. These are the rights, such as the concept of short-term working, which have experienced much application recently, as well as the parties’ right to terminate the employment agreement with valid reasons. The concept of a force majeure is regulated under Articles 24/1,III and 25/1,III of the Labor Law. Pursuant to the text of the Articles, a force majeure may originate from the employee or the employer. Accordingly, if a force majeure event requires termination of activity for more than one week in the workplace of the employee, then the 2 Mollamahmutoglu, Hamdi; Astarlı, Muhittin : Labor Law, Ankara, 2011. 3 Süzek, Sarper: Labor Law, Istanbul, 2019, Renewed Edition 18, pg.490.