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HUKUK BÜROSU / LAW OFFICE
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COMPULSORY FREE PERMISSION AND "WAGE SUPPORT PAYMENT" LAWThe law containing new regulations regarding working life” was accepted by the Turkish Grand National Assembly on 16.04.2020 today. The law was sent to the Presidency to be approved. The Law is expected to be approved and enforced by the President today.
The law brought the following regulations:
Temporary Article 10 has been added to the Law No. 4857. According to this Provisional Article 10:
1) Employment contracts cannot be terminated by the employer within 3 months after the entry into force of this Law.
2) The employer can take the worker for free leave for no more than 3 months.
3) The fact that the worker is on unpaid leave does not give the worker “the right to terminate the employment contract for fair cause”. For this reason, workers cannot terminate their employment contracts and request for severance pay.
4) In violation of this article, the employer who terminates the employment contract is given an administrative fine equal to the gross minimum wage.
5) The employer’s, According to the item; 4857 SK, 25 / II. It is possible for the worker to terminate the employment contract due to the Violation of the Code of Conduct and Goodwill.
Other Regulations Introduced by the New Law are as follows:
6) In accordance with the Temporary Article 10 of the Law No. 4857, the employer can benefit from the Short Work Allowance.
7) In order to benefit from the Short Work Allowance, within the last 3 years; 450 days Unemployment Insurance Premium must be paid. In addition, the worker must have worked without interruption for the last 60 days.
Minimum Work Allowance Monthly: 1.765,80 TL
MaximumWork Allowance Monthly: 4.414,50 TL
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HUKUK BÜROSU / LAW OFFICE8) If the workers that the employer sends for unpaid leave do not have the Right to Benefit from Short Work Allowance:
Workers; 39.24 Turkish lira cash fee support is provided daily from the Fund. Stamp tax of 7.59 per thousand is deducted without paying 1.177 TL monthly.
9) Employees sent to unpaid leave and benefiting from “cash wage support” cannot be employed. If these workers are employed;
a) the employer is given an administrative fine up to the gross minimum wage (gross 2.943 Turkih Liras)
b) The “cash wage support” made to the worker is collected from the employer along with his legal interest.
10) Workers and family members who benefit from “Cash Pay Support” benefit from General Health Insurance.