NEWSLETTER-2020-metin

343 LABOR LAW ties the right to terminate the agreement for valid reasons, if these circumstances occur. The concept of short-term working, which is currently included under the Short-Term Working Regulation, is regulated as a method to be applied if the work is decreased, or is partially or completely ceased, due to a force majeure. Impact of the Provisions in the Labor Legislation on the Case at Hand Along with extended healing processes, 14-day quarantine peri- ods, and partial curfews imposed by the administration (state officials) in order to prevent the spread of the disease, the Covid-19 epidemic has shown its negative effects on working life. In addition to the amendments introduced in many areas within the scope of the fight against the Covid-19, firstly, workplaces in cer- tain sectors have been temporarily closed by the administration, then curfew was imposed on individuals aged 65 and over, as well as those with chronic diseases and, finally, for some cities, curfews (with ex- ceptions) have been introduced on the weekends. In addition, in order to take the necessary measures arising from occupational health and safety legislation, flexible working models have begun to be applied in workplaces that are not closed, or are not within the scope of the curfews. As mentioned, above, aside from considering this epidemic dis- ease as a force majeure, decisions affecting social and economic life given by the administration are also considered as a force majeure. Therefore, the mandatory closure of workplaces due to administra- tive measures is deemed as a force majeure that has arisen from the workplace. On the other hand, the fact that the employee is within the scope of curfew due to his/her age being 65 or over, or due to his/ her having a chronic disease, is deemed as a force majeure arising from the employee. As mentioned, above, although Articles 24 and 25 of the Labor Law give the parties the right to terminate the employ- ment agreement for a valid reason, pursuant to the jurisprudence of the Court of Cassation, good faith and termination as last resort principles,