A PRECAUTIONARY CHANGE IN THE EMPLOYER’S WORKING RELATIONSHIP DUE TO THE CORONAVIRUS

27 Dec A PRECAUTIONARY CHANGE IN THE EMPLOYER’S WORKING RELATIONSHIP DUE TO THE CORONAVIRUS

Conducting a Short Study
4447 unemployment insurance in accordance with Article 2 of the annex of the law, employers general economic, sectoral, or regional crisis and substantially reduce weekly working hours in the workplace compelling reasons for temporary suspension of activities in the workplace, or in case of complete or partial, at work 3 (three) months under the provision that it can make short work of not exceeding has been taken.
The provisions of article that is specified in the “compelling reasons” held with the provisions of Article attribution and subsequent short-time and short-time working allowance within the scope of the definition is defined within the scope of the regulation on “the employer doesn’t originate from its conduct, unpredictable, which has to be disposed of as a result of this, temporarily or activity that resulted in a reduction of working hours due to external factors or the complete or partial cessation of periodic status earthquake, fire, flood, landslides, epidemics, situations such as mobilization have been considered as ”compelling reasons.
In the current situation, we think that employers may decide to do short work due to the fact that the “epidemic disease” state, which is defined as a compelling reason and included in the definition, already exists in our country.
In this context, the employer who has decided to do short work should give written notice to the General Directorate of the Turkish Employment Agency and the labor union, if any, the party of the collective bargaining agreement, in accordance with the relevant Regulation on the Right to Short Work and Short Work Allowance.
In this written notification to be made by the employer, the information requested within the scope of the Regulation on what is the compelling reason and its effects on the place of work, the relevant Short Work and Short Work Allowance related to the place of work and the information about the workers who will be given short work must be included.

If this short work application made by the employer is accepted, the workers must also be entitled to unemployment benefit in terms of the number of days of unemployment insurance premium payment in accordance with the relevant provision of the Law in order for them to work short work. In other words, the last 120 (one hundred and twenty) days before the start of the short work of the workers are the last 3 of those subject to the service agreement
within (three) years, he must have paid an unemployment insurance premium for at least 600 (six hundred) days.
The amount of the daily short work allowance is determined to be 60% of the average daily gross earnings of the insured, calculated taking into account the basic earnings of the insured for the last 12 (twelve) months of the premium, not exceeding 150% of the gross amount of the monthly minimum wage applied for workers.
Defined within the scope of the Unemployment Insurance Law No. 4447 and the Regulation on Short Work and Short Work Allowance, this short work allowance is granted by the Turkish Employment Agency for a period not exceeding 3 (three) months. It has been stipulated together with the Unemployment Insurance Law No. 4447 that it is possible to extend this period up to 6 (six) months, but the President has the authority to determine this situation.
If the short working period ends not because of the expiration date, but for any reason early, the employer must make a decision to start his normal activities and notify the Turkish Employment Agency, the labor union party to the collective bargaining agreement and the workers in writing 6 (six) working days in advance.
With the expiration of this notification period, short work ends.