Regulation on the Procedures and Principles Regarding Short-Term Working and Short-Term Working Allowance
The Regulation on the Procedures and Principles Regarding Short-Term Working and Short-Term Working Allowance (Regulation) was published in the Official Gazette dated 11.06.2024 and numbered 32573. The Regulation entered into force on 11 June 2024, retroactively effective as of 1 March 2024, thereby abrogating the Regulation on Short-Time Working and Short-Time Working Allowance (Abrogated Regulation). However, it is also regulated that the Abrogated Regulation shall apply to short-time working started before 1 March 2024. The significant provisions of the Regulation are summarized below:
The employer may submit a short-time working request to the Turkish Employment Agency (İŞKUR) in the event of a general economic, sectoral, or regional crisis, general epidemic, and compelling reasons.
Similar to the Abrogated Regulation, the Regulation stipulates that (i) the short-time working period may not exceed three months including the short-time working start date, (ii) the short-time working period may not be less than four weeks for the workplace, and (iii) the short-time working period applied in the workplace or a part of the workplace may not be less than 1/3 of the normal weekly working time of the workplace. The factors to be considered in the calculation of the periods are also specified in the Regulation.
The Regulation sets forth rules regarding the evaluation of short-time working applications. Accordingly, the following regulations stand out.
- As a rule, applications are finalized by the Board of Directors of İŞKUR. However, the decision of the Board of Directors of İŞKUR is not required for short-time working applications made due to earthquake, fire, flood, and similar compelling reasons where the workplace is directly physically affected.
- Applications made on the grounds that they are indirectly affected by reasons such as cash shortage, payment difficulties, market contraction and stock increase due to the above-mentioned reasons are rejected by İŞKUR.
- The employer shall be notified of the decision taken as a result of the eligibility assessment. The employer shall announce the decision in a place visible to its employees at the workplace or notify its employees subject to short-tin working and, if any, notify the labor union party on the collective labor agreement.
The Regulation also sets out the procedures and principles regarding the amount and payment of the short-time working allowance. Accordingly, the short-time working allowance is calculated monthly for the periods not worked and paid directly to the relevant employees by İŞKUR. However, within the scope of short-time working, the amount of wages and short-time working allowance for weekends, national holidays, and general holidays of the insured employee shall be paid by the employer and İŞKUR in proportion to the period of short-time working. Overpayments made due to the employer's provision of incorrect information and documents shall be collected from the employer together with legal interest.
Finally, the Regulation also regulates the procedures and principles regarding the supervision and suspension of the short-time working allowance, the deduction and suspension of the short-time working allowance, the employer's record keeping and notification obligation, and the early termination of short-time working.
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