NEWSLETTER-2020-metin

345 LABOR LAW Social Life and Law on Amendments to Certain Laws, which entered into force on 17.04.2020.] In addition, if the workplace is closed due to administrative mea- sures or the employer decreases or ceases the work at the workplace, even if the workplace is not within the scope of the administrative measures, the force majeure arises from the workplace. Accordingly, and again, pursuant to the doctrine, the employee who cannot work due to cessation of activity in his sector will not be able to find a job in another workplace even if he leaves his/her current workplace. Therefore, the termination of the employment agreement based on Article 24/1, III of the Labor Law will constitute a contradiction to the principle of good faith. Amendments Realized on the Employment Legislation During the Covid-19 Period Some of the above-mentioned provisions are ineffective with the temporary changes introduced to the legislation, for a certain period of time, and from the effective date of the amendments. In this context, the following amendments were made in the employment legislation in order to reduce the effects of the Covid-19’s effects on social and economic life: Benefitting conditions of short-term working has been facilitated. Accordingly, employees who provide the requirements to i) have paid unemployment insurance premiums for at least 450 days in the three years prior to the start of the short-term working and ii) have worked under an employment agreement for the last 60 days prior to the start of the short-term working, may benefit from short-term working allow- ance. As well, employers who are willing to benefit from short-term working is prohibited from terminating the employment agreements during this period. This amendment is in force until 30.06.2020, but the President is authorized to extend this period until 31.12.2020. In order for short-term working applications to finalize faster, payments will be made in accordance with the employer’s declaration without waiting for suitability determination.

RkJQdWJsaXNoZXIy MjUzNjE=