Closure of Businesses Due To Coronavirus Effects

17 Apr Closure of Businesses Due To Coronavirus Effects

Temporary closure of the workplace or in accordance with a decision on public advice without the need for any official explanation or T.C. In accordance with the recommendation of the Ministry of health or other public institutions and organizations, the employer temporarily places the workplace
in case of closure, as a rule, the employer’s obligation to pay the workers ‘ wages continues. Because in this case, the employer is considered to have closed the workplace on its own initiative without any compelling reason, and the obligation to pay the employee’s wage does not disappear. But in this case, we believe that the employer does not have to pay side rights such as premiums, roads, meals related to being at work/actually working. If the workplace is temporarily closed, the obligation to pay wages arising from the law continues
since it will be accepted, in this case, there is no need to obtain the consent of the worker. In accordance with Article 40 of the Labor Code 4857, the employment contract is suspended for this period of 1 (one) week in the event of compelling reasons that cause the work to stop or prevent workers from working for more than 1 (one) week, and the employee is paid half a salary during this period. 3 whether the closure of workplaces due to the mandatory decision of public institutions and organizations is a compelling reason is evaluated separately in terms of each specific event. Resident of the Supreme Court
in its case law, it defines compelling reasons as “…situations such as interruption of transportation due to natural events such as hands, snow, earthquakes, quarantine due to epidemics are compelling reasons.” In this context, as we have seen in the world due to the corona virus, due to the fact that it is not possible for the worker to come to work in the event of the application of regional quarantines or curfew, the employer is obliged to pay the worker half a wage for a period of one week, in accordance with Article 40 of the Labor Code 4857. Because this article, mentioned
As stated in the Supreme Court’s decision, it is regulated for cases such as quarantine practices due to epidemics.
“Due to the compelling reasons shown in paragraphs 24 and 25 (III), an employee who cannot work or is not employed is paid half a wage for each day for up to a week during this waiting period.”
“The reasons that prevent the worker from working should occur around the worker. Reasons arising from the workplace and preventing work are not covered by this article. For example, closing the workplace is not considered a compelling cause, but situations such as stopping transportation due to natural events such as floods, snow, earthquakes, and the application of quarantine due to an epidemic are compelling reasons.” (Supreme Court 9.HD T. 09.05.2016, E. 2016/7175, K. 2016/11446 / Supreme Court 22. HD T. 04.02.2014, E. 2013/2499, K 2014/1389 / Supreme Court 9.HDT. 29.05.2014, E. 2012/10932, K. 2014/17580)

According to Paragraph 3 of Article 25 of the Labor Code 4857, if there is a compelling reason, force majeure that prevents the employee from working for more than 1 (one) week, the employer may terminate the employment contract for the right reason after 1 (one) week. The compelling reason regulated by this provision occurs not at work, but around the employee, and as a result, the employee is unable to fulfill his duty to perform work due to the inability to perform temporarily without a defect, and the contract of work is suspended. Based on a compelling reason that occurs at work and requires the cessation of work for more than 1 (one) week, the employer may not terminate the employment contract for the right reason. In this case, the right of termination for the right reason belongs to the employee.
It should be noted that in justified termination for compelling reasons, it is necessary to pay the employee severance pay and all receivables related to termination. Notice compensation is not required.
However, as of the date of preparation of this article, it was decided to close the theater, cinema, show Center, bar, gyms, Hammam, closed children’s playgrounds, except for some workplaces
as there are no compelling reasons yet to prevent work across the country, our assessments under this heading will not yet find application for all workplaces
we would like to mention.