Recent Development
Within the scope of the measures taken due to the COVID-19 pandemic, a unilateral termination prohibition was imposed on employers on 17 April 2020. Pursuant to Law No. 7252 on the Establishment of Digital Platforms Commission and Amendment of Certain Laws ("Law"), the president of the Turkish Republic was authorized to extend the termination prohibition and unpaid leave until 30 June 2021. Thus, the termination prohibition and unpaid leave was lastly extended until 30 June 2021 with Presidential Decision No. 3930.
As of 1 July 2021, the termination prohibition and unpaid leave have ended.
What Main Changes Will Occur with the End of the Termination Prohibition and Unpaid Leave?
An employer will be able to terminate an employee's employment agreement without being subject to the termination prohibition in compliance with the applicable legislation.
- Since the termination prohibition has ended, the implementation of administrative fines has also ended.
- The cash wage support that is provided to an employee being sent on unpaid leave, provided that the conditions specified in the legislation are met, has ended.
- Employers, in principle, can only send an employee on unpaid leave with their prior written consent.
Conclusion
The COVID-19 pandemic substantially affected Turkey and the Turkish employment practice. We recommend that employers monitor all legal developments as the COVID-19 pandemic progresses.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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