HUKD – Announcement October 28, 2020
The announcement from our member, the Aviation and Space Cluster Association, dated October 28, 2020, is provided below.
“The Short-Time Work Allowance, Cash Wage Support, and Termination Ban have been extended for two months.
The Official Gazette dated 27.10.2020 published the "Law No. 3134 on the Extension of the Duration of Short-Time Work Allowance for Workplaces Implementing Short-Time Work Due to Force Majeure Circumstances Arising from External Impacts Caused by the Novel Coronavirus (Covid-19)". Presidential Decree”" has been published.".
- With the Presidential Decree No. 3134 published in the Official Gazette dated 27.10.2020; for workplaces that applied for short-time work until 30/6/2020 (inclusive) due to compelling reasons within the scope of periodic situations arising from external effects due to the novel coronavirus (Covid-19), within the framework of the principles specified in temporary article 23 of the Unemployment Insurance Law No. 4447, the duration of the short-time work allowance will commence after the two-month period extended by the Presidential Decree No. 2915 dated 30/8/2020, within the framework of the principles specified in the Presidential Decree No. 2706 dated 29/6/2020, and without being limited by the extension period within the scope of the additional article 2 of the said Law.It has been extended by two months.
- If a workplace whose current short-time work arrangement, including previous extensions, is set to end on October 31, 2020, continues with the short-time work arrangement in November and December...Short-time work allowance end date: 31.12.2020will be.
- If a workplace whose current short-time work arrangement, including previous extensions, is set to end on November 15, 2020, continues with the short-time work arrangement in November and December...Short-time work allowance end date: 15.01.2021will be.
- According to Article 6 of the omnibus law approved by the Grand National Assembly's Planning and Budget Committee, which concerns the extended periods mentioned above, it is planned to grant the President the authority to extend these periods until June 30, 2021.
The Presidential Decree No. 3135, "Regarding the Extension of the Periods Specified in the First and Second Paragraphs of Temporary Article 10 of the Labor Law No. 4857 dated 22/5/2003 by Two Months, Starting from 17/11/2020," was published in the Official Gazette dated 27.10.2020.
- According to Article 10 of the Labor Law, termination of any employment or service contract by the employer is prohibited for a period of 3 months from April 17, 2020, the date this article came into force, except for cases that do not comply with the rules of morality and good faith as stated in paragraph (II) of the first clause of Article 25 and the relevant provisions of other laws, and similar reasons. With Law No. 7252 published in the Official Gazette on July 28, 2020, the following cases were added to these exceptions: the expiration of the term in fixed-term employment or service contracts, the closure of the workplace for any reason and the cessation of its activities, and the completion of the work in all types of service procurements and construction works carried out in accordance with the relevant legislation. With the said decision, this period was extended again from November 17, 2020.It has been extended by two months. In addition, the practice of employers placing employees on unpaid leave, either fully or partially, for a period not exceeding three months, as per the same article, has been reinstated as of November 17, 2020.It has been extended by two months.
With the temporary article 10 added to the Labor Law No. 4857, any employment or service contract cannot be terminated by the employer for a period of 3 months from the date of entry into force of this article, 17.04.2020, except for cases that do not comply with the rules of morality and good faith contained in paragraph (II) of the first clause of article 25 and the relevant provisions of other laws and similar reasons.
- The termination ban was in effect between April 17, 2020 and November 17, 2020, and was abolished by Presidential Decree No. 3135 published in the Official Gazette No. 31287 dated October 27, 2020.The Cash Wage Support and Termination Ban program has been extended until January 17, 2021.
- According to Article 6 of the omnibus law approved by the Grand National Assembly of Turkey's Planning and Budget Committee, regarding the extended periods mentioned above, it is planned to grant the President the authority to extend these periods until June 30, 2021. This is related to the omnibus law.2020-122no. You can access the newsletter we have prepared via the link.
To read all relevant decisions along with their justifications, please click on the links below.
