Presidential Decree on the Measures Taken in the Field of Labor and Social Security Within the Scope of the State of Emergency
Presidential Decree on the Measures Taken in the Field of Labor and Social Security Within the Scope of the State of Emergency ("Decree")" (In Turkish) was published in the Official Gazette on January 22, 2023, and numbered 32112. This Decree includes measures to be taken in the field of labor and social security during the state of emergency declared on February 8, 2023.
The following measures have been decided upon in the new Decree:
- During the state of emergency, employers will not be required to complete the eligibility determination for workplaces located in the provinces and districts to be designated by the Ministry of Labor and Social Security (In Turkish) from the region where the state of emergency has been declared as well as for workplaces that can demonstrate ruine, urgent demolution, severely or moderate damage due to the earthquake in the applications to be made by employers to Turkish Employment Organization for short-time working allowance.
- From the date of publication of the Decree on February 22, 2023, in the provinces where the state of emergency has been declared, during the state of emergency, it has been forbidden to terminate any kind of employment contract by the employer except in cases that do not comply with the rules of morality and good faith in subparagraph (II) of the first paragraph of Article 25 of the Labor Law numbered 4857 (In Turkish) and in the relevant provisions of other laws and similar reasons, the expiration of the period in fixed-term employment contracts, the closure of the workplace for any reason and the termination of the activity or all kinds of service purchases made in accordance with the relevant legislation and the termination of the work in construction works. In the event that the employment contract is terminated by the employer in violation of this prohibition, an administrative fine has been stipulated for each employee whose employment contract is terminated.
- In the provinces where the state of emergency has been declared, employees who have an employment contract as of 06.02.2023, those who do not have a new right ownership in accordance with the short-time working application made by the employer due to the earthquake, and those whose employment contract has been terminated due to the closure or closure of the workplace due to the earthquake on or after 06.02.2023 and those who have not been entitled to a new unemployment benefit within the scope of the Law numbered 4447 (In Turkish), those who have not to receive an old-age pension from any social security institution, a cash wage support of 133.44 TRY per day will be provided during the period of short-time working or for the period of unemployment, provided that the period remaining from the beneficiaries, if any, which may have been started before, is completed, to the extend not to exceed the period of the state of emergency. No deduction other than stamp duty will be made from these payments. In this context, those who benefit from cash wage support are not covered by general health insurance according to the Social Security and General Health Insurance Law numbered 5510 (In Turkish) or if they are not counted in accordance with the subparagraph (g) of the first paragraph accordance with Article 60 of the Law, it will be considered as general health insurance and the premiums will be covered from the Unemployment Insurance Fund.
- The periods related to the issuance of authority determinations within the scope of the Law on Trade Unions and Collective Labor Agreements numbered 6356 (In Turkish), the conclusion of collective labor agreements, the resolution of collective labor disputes and strikes and lockouts have been extended during the state of emergency as of 06.02.2023 in cases where a state of emergency has been declared.
- In terms of workplaces in the provinces where the state of emergency has been declared, the period of 1 month stipulated for the deposit of the amount deducted as a result of the application of the wage deduction penalty specified in the third paragraph of Article 38 of the Labor Law numbered 4857, to be deposited to the account of the Ministry by the employer has been extended during the state of emergency.
The Decree is deemed to have entered into force as of the date of publication.
Should you have any queries or need further details, please contact your customer representative.
Written by Berkay Koçak, Posted in Social Security Law and Legislation
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