PROHIBITION OF TERMINATION IS EXTENDED FOR 2 MONTHS!

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Within the scope of the article added as Provisional Article 10 to the Labor Law numbered 4857 and dated 22/5/2003 with the Law numbered 7244; there was a principle of prohibition of termination for 3 months, the employers were able to make the employee take entirely or partially unpaid leave for 3 months from 17/4/2020:

PROVISIONAL ARTICLE 10 – Regardless of whether this Law covers the relevant contractual relationship or not, any employment or service contract cannot be terminated by the employer for three months from the effective date of this article except for situations that do not comply with the rules of ethics and goodwill and similar reasons stated in the paragraph (II) of the first paragraph of Article 25 and related provisions of other laws.

The employer may make the employee take completely or partially unpaid leave in order not to exceed three months from the date of entry into force of this article. Being taken unpaid leave accordingly to this article does not give the employee the right to terminate the employment contract based on just cause.

The employer or the employer representative who terminates the employment contract by violation of the provisions of this article, will be imposed an administrative fine for each employee whose contract is terminated with the amount of monthly gross minimum wage at the date of the act.

The President is authorized to extend the three-month-long periods stated under the first and second paragraphs up to six months.

Then, the prohibition of termination was again extended for one month with the Presidential decision published in the Official Gazette numbered 31171 and dated 30.06.2020.

As a result; in accordance with the Paragraph 4 of the Provisional Article 10 which is added to the Labour Law numbered 4857; the prohibition of termination is now extended for two months with the Presidential decision published on the Official Gazette numbered 31234 and dated 04.09.2020.

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Mert-Yalcin

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