Recent Developments
The Presidential Decision No. 3238 published in the Official Gazette No. 31321 on 1 December 2020 (“Decision“) extended short-term working applications due to COVID-19 to 31 December 2020.
What Does the Decision Regulate?
Within the scope of measures taken due to the COVID-19 pandemic, the deadline for short-term working applications due to COVID-19 ended on 30 June 2020. The Decision extends the application deadline to 31 December 2020. In other words, employers who did not apply for short-term working before 30 June 2020 but who would like to implement short-term working due to COVID-19 can apply to the Turkish Employment Institution between 1 December 2020 and 31 December 2020. The short-term working allowance to be provided pursuant to the Decision will not be deducted from the unemployment benefit period.
In addition, the Decision relieves the employers who applied for short-term working due to COVID-19 until 30 June 2020. The Decision states that the respective employers’ obligation to pay half of the salaries of their employees, who were within the scope of the short-term working, during the one-week waiting period (regulated in Articles 24 and 40 of the Labor Code No. 4857) will be considered to have been met.
Conclusion
The COVID-19 pandemic has substantially affected Turkey and working life practices in Turkey. The state continues to implement certain practices to support employers and protect employees. We recommend that employers closely monitor all legal changes regarding the COVID-19 pandemic.
