NEWSLETTER-2020-metin

342 NEWSLETTER 2020 employee may terminate the employment agreement for a valid rea- son; in the event of a force majeure that prevents the employee from working in the workplace for more than one week, then the employer may terminate the employment agreement with a valid reason. Through followingArticle 40 of the Labor Law, it is regulated that the employee who cannot work, or cannot be employed due to a force majeure as stipulated under paragraphs (III) of Articles 24 and 25, will be paid for one-half day, for up to one week, in this waiting period. In addition, pursuant to Article 46/5 of the Labor Law, it is regulated that the half-wages paid to the employees for days not worked due to a force majeure will be paid for weekend days, as well. Pursuant to Article 42 of the Labor Law, provided that it does not exceed the degree that will ensure the normal operation of the workplace, the employer shall overwork the employees who cannot work in the workplace due to force majeure. Pursuant to Article 55/1,d of the Labor Law, in the annual leave calculation of the employee, it is regulated that due to termination of activity of more than one week as a result of a force majeure, the first fifteen days of unemployment is considered as having been worked. Finally, through Article 64 of the Labor Law, it is regulated that the employer can perform compensatory work for periods of not work- ing, within four 4 months, in cases where activity is terminated due to a force majeure, or working is significantly below normal working hours. In addition, although a force majeure is not mentioned in the text of the Article, the Regulation under Article 22 of the Labor Law may be referred to in terms of implementations realized during a force majeure process. Accordingly, flexible working methods that are implemented by the employer to reduce the effects of the force ma- jeure may be considered as a substantial alteration of the employee’s working conditions and, if the employee does not have written consent for these substantial and opposed alterations, this may give both par- 4 Through Law No. 7226, which is published in the Official Gazette numbered 31080 (bis) and dated 26.03.2020, the word two was changed to four . https:// www.resmigazete.gov.tr/eskiler/2020/03/20200326M1-1.htm.