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PROHIBITION OF TERMINATION IS EXTENDED UNTIL 30/06/2021!

Sosyal Güvenlik Sigortası, İş Hukuku, İşe Son Verme, Sosyal Güvenlik Kurumu, İşçinin İşten Çıkarılması, SGK Fesih Kodları, Avukat Türkiye , employment contract, Labor Law, employment termination , Social Security Institution , dismissal of employee , SSI Termination Codes , Lawyer Turkey , Attorney Istanbul

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 17.04.2020:

 

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.

 

With the Presidential decision published in the Official Gazette numbered 31171 and dated 30.06.2020, the prohibition of termination practice was extended for one month for the first time, then with the Presidential decision published in the Official Gazette numbered 31234 and dated 04.09.2020, it was extended for two months, and then, for the last time, with the Presidential decision published in the Official Gazette numbered 31350 and dated 30.12.2020, it was extended for two months, dated 30.12.2020 it was extended for two months, then with the Presidential decision published in the Official Gazette numbered 31418 and dated 09.03.2021 it was decided to extend it for another two months.

 

Finally, it has been decided to extend these specified periods until 30/06/2021 from 17/05/2021 in accordance with the 4th paragraph of the Provisional Article 10 which is added to the Labor Law numbered 4857 and this decision has been published in the Official Gazette dated 30.04.2021 and numbered 31470.

 

  • Tags : Social Security Insurance, Labor Law, employment termination , Social Security Institution , dismissal of employee , SSI Termination Codes , Lawyer Turkey , Attorney Istanbul

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