NEWSLETTER-2020-metin

344 NEWSLETTER 2020 which are the basic principles of the labor law, shall be observed. If the employee is unable to come to the workplace for more than one week due to a force majeure arising from him/her as a result of an imposed administrative curfew, suitability of telecommuting systems should firstly be evaluated, prior to dismissal. Within this context, although the application of telecommuting systems results in substantial alteration of the employee’s working conditions, pursuant to the doctrine, if these systems do not cause a decrease in the legal rights of the employee, the employee’s consent as regulated under Article 22 of the Labor Law shall not be sought due to the principle of good faith . Therefore, an employee’s termi- nation based on the mentioned Article shall not be deemed valid. 5 If the implementation of telecommuting systems is not be possible for the job or the employee, other methods stipulated under the labor law legislation shall apply. For instance, with respect to the mentioned employee, i) it is necessary to apply firstly for short-term working 6 for the employee; if this is not possible, ii) the employee shall be encour- aged to use his/her annual paid leaves; finally, if this is not possible, iii) the employee shall be extended unpaid leave. As well, since the application of unpaid leave causes a decrease in the legal rights of the employee, it shall be deemed as a substantial alteration of the employee’s working conditions. Therefore, the written consent of the employee as regulated under Article 22 of the Labor Law may become an issue. If the employee does not give consent to this alteration, the employer shall terminate the agreement stating that the alteration is for a valid reason (for instance, it being necessary for the measures to be taken due to the epidemic disease). [This opinion is not valid through- out the effective date of the termination prohibition and unpaid leave procedures stipulated under the Law numbered 7244 on Reducing the Effects of Novel Coronavirus (Covid-19) Pandemic on Economic and 5 Caniklioglu, Nursen : Online Education on Short-Term Working, Flexible Working and Compensatory Procedures According to the Current Legislation, 17.04.2020 6 Short-Term Working and Short-Term Working Allowance, http://www.erdem- erdem.av.tr/media/coronavirus-covid19-resource-center/shortterm-working-and- shortterm-working-allowance/.