Amendments Introduced to the Labor Law Legislation through the Omnibus Bill No. 7244
Through the Law on Reducing the Effects of Novel Coronavirus (Covid-19) Pandemic on Economic and Social Life and Law on Amendments to Certain Laws No. 7244 (“Law”) published in the Official Gazette dated 17.04.2020 and numbered 31102 important amendments are introduced to the labor law legislation. In this regard;
Processes regarding making authority determinations, realizing collective bargaining agreements, resolution of collective bargaining disputes and strike and lockout under the Law on Trade Unions and Collective Bargaining Agreements No. 6356 prolonged for 3 months as from the effective date (17.04.2020) of the Article.
Through the Provisional Article 24 added to Law No. 4447 on Unemployment Insurance (“Law No. 4447”), 39,24 Turkish Liras daily wage support which is to be covered from the Unemployment Insurance Fund will be provided to the employees
- who forced to take unpaid leave by employers according to the Provisional Article 10 added to the Labor Law No. 4857 (“Law No. 4857”) and who cannot benefit from short-term working allowance, and
- whose contract is 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 receive a pension from any social security institution. Within the scope of amendment, it is also regulated that persons benefit from the wage support are deemed as general health insured.
Besides, within the scope of the Provisional Article 25 added to the Law No. 4447, it is decided that the payments will be made for short-term working applications justified as force majeure in accordance with the employer's declaration without waiting for suitability determination. Thus, it is aimed to finalize numerous applications due to Covid-19 faster.
Through the Provisional Article 10 added to the Law No.4857, termination of employment contracts of all employees who are whether in the scope of the Law 4857 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 contrary to ethics and good faith regulated under Article 25/1,(II).
Pursuant to this amendment, right to give the employee unpaid leave totally or partially is also given to the employer for a period not exceeding 3 months as from the effective date (17.04.2020) of the Article. In addition, it is regulated that being on unpaid leave would not give a right to the employee to terminate the contract due to just cause.
Please find the full text of the Law in Turkish here for detailed information.
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Other Contents
Through the promulgation of the Law numbered 7226 on Amendments to Certain Laws (“Law”) published in the Official Gazette dated 26.03.2020 and numbered 31080 (bis) following amendments are introduced to the labor and social security legislation under the novel coronavirus (“Covid19”) measures. In this regard;
The concepts of short-term working and short-term working allowance which find execution area in the period of novel coronavirus (“COVID-19”) pandemic, are regulated under additional Article 2 of the Law numbered 4447 on Unemployment Insurance.
Provisional Article 24 has been added to the Law No. 4447 on Unemployment Insurance through the introduction of the Law on Reducing the Effects of Novel Coronavirus Pandemic on Economic and Social Life and Law on Amendments to Certain Laws No. 7244.
Social Security Institution published a Circular dated 07.05.2020 and numbered 2020/12 ("Circular") regarding the disease inflicted from Covid-19.
Through the Presidential Decrees numbered 2706 and 2707 published in the Official Gazette dated 30.06.2020 and numbered 31171, the periods of short-term working allowance, prohibition of termination and unpaid leave practice are extended for one month.
The Law No. 7252 on Establishment of Digital Platform Commission and Amendment to Certain Laws, which amends the Unemployment Insurance Law No. 4447 (“Law No. 4447”), the Labor Law No.4857 (“Labor Law”) and the Occupational Health and Safety Law No.6331, entered into force through...
Through the Presidential Decisions numbered 2810 and 2811, published in the Official Gazette dated 31.07.2020 and numbered 31202, the periods of short-term working allowance, prohibition of termination and unpaid leave practice are extended for one more month.
Through the Presidential Decree numbered 2915 published in the Official Gazette dated 31.08.2020 and numbered 31230, the period of short-term working allowance is re-extended for two months.
Through the Presidential Decrees numbered 2930 published in the Official Gazette dated 04.09.2020 and numbered 31234, the periods of prohibition of termination and unpaid leave practice are extended for 2 months.
Through the Presidential Decrees numbered 3134 and 3135 published in the Official Gazette dated 27.10.2020 and numbered 31287, the periods of the short-term working allowance, the prohibition of termination and the unpaid leave practices were extended for two months.
Through the Presidential Decree (Decree) numbered 3238 published in the Official Gazette dated 01.12.2020 and numbered 31321, the period to apply for short-term working allowance is extended until 31.12.2020.
Through the Presidential Decrees numbered 3246, 3247 and 3248 published in the Official Gazette dated 02.12.2020 and numbered 31322, the implementation periods of the employment incentives and the normalization premium support, provided for employers by the Social Security Institution were extended.
Through the Presidential Decrees numbered 3316 and 3317 published in the Official Gazette dated 23.12.2020 and numbered 31343, the period to apply for short-term working allowance is extended until 31.01.2021 and the period to benefit from the short-term working allowance is extended until 28.02.2021.
Through the Presidential Decree numbered 3344 (Decree) published in the Official Gazette dated 30.12.2020 and numbered 31350, the periods of the prohibition of termination and the unpaid leave practice were extended for two months.
Through the Presidential Decree numbered 3556 (“Decree”) published in the Official Gazette dated 19.02.2021 and numbered 31400, the period to benefit from the short-term working allowance has been extended until 31.03.2021.
The Regulation on Remote Working (“Regulation”) which stipulates works that cannot be realized remotely, operation rules regarding data protection and transfer and the procedures and principles of remote working, entered into force through its publication in the Official Gazette dated 10.03.2020 and numbered 31419.
Through the Presidential Decree numbered 3592 (“Decree”) published in the Official Gazette dated 09.03.2021 and numbered 31418, the periods of the prohibition of termination and the unpaid leave practices are extended for two months.
Through the Presidential Decree numbered 3910 (“Decree”) published in the Official Gazette dated 23.04.2021 and numbered 31463, the period to benefit from the short-term working allowance has been extended until 30.06.2021.