NEWSLETTER-2020-metin
346 NEWSLETTER 2020 The compensatory working time has been extended from 2 months to 4 months. This amendment realized in the Article 64 of the Labor Law is permanent. Cash wage support has been stipulated for the employees. 39,24 Turkish Liras daily wage support which is to be covered from the Un- employment Insurance Fund will be provided to the employees i) who have been forced to take unpaid leave by employers and who cannot benefit from short-term working allowance, and ii) whose contracts have been terminated within the scope of Article 51 after 15.03.2020, and who cannot benefit from unemployment allowance; during the 3-month prohibition of termination, and up to the period they are on leave or unemployed during this period, provided that they do not re- ceive a pension from any social security institution. Employers are prohibited from termination of employment. Ter- mination of employment agreements of all employees who, whether they are within the scope of the Labor Law or not, is prohibited for 3 months as from the effective date (17.04.2020) of the Article, with the exemption of termination due to the reasons for being contrary to ethics and good faith as regulated under Article 25/1,(-II. Accordingly, terminations with valid reasons in the provisions mentioned, above, may not be executed for three months from 17.04.2020 (the President is authorized to extend this period until six months); however, it may apply to those terminations that were realized prior to 17.04.2020. The employer was granted the right to apply unpaid leave. Ac- cordingly, the right to give an employee unpaid leave, in whole or in part, is given to the employer for a period not to exceed 3 months, as from 17.04.2020 (the President is authorized to extend this period until six months). Similarly, the abovementioned Article 22 of the La- bor Law, which regulates the substantial alteration of the employee’s working conditions, may only apply to those cases that were realized prior to17.04.2020. An employee’s right to terminate for a valid reason is hindered. Accordingly, it is stipulated that being on unpaid leave would not give an employee the right to terminate the employment agreement for a valid reason. Similarly, the abovementioned Article 22 of the Labor
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