A Brief Evaluation of Articles 7, 8 And 9 of the “Law on Mitigating the Effects of the New Coronavirus Outbreak (Covid-19) on Economic and Social Life and Amendments to Some Laws” Which Gives Employers the Right to Have the Employees Take Unpaid Leaves
“The Law on Mitigating the Effects of the New Coronavirus (Covid-19) Outbreak on Economic and Social Life and Amendments to Some Laws” has been published in the Official Gazette as of 17/04/2020. A brief evaluation of the regulations in the articles 7, 8 and 9 of the Law is as follows:
- Within the scope of the article added as “Provisional Article 24” to the Unemployment Insurance Law numbered 4447; The Fund will pay 39.24 TL per day to the employees who are on unpaid leave and cannot benefit from the short-time work allowance and those who are not eligible for unemployment benefits and whose employment contracts have been terminated within the scope of Article 51 after the date of 15/3/2020, in order not to exceed the period of non-termination stated in the provisional article 10 of the Law Numbered 4857.
- Within the scope of the article added as “Provisional Article 25” to the Unemployment Insurance Law numbered 4447; Short-time worki will be applicable and short-time work payments will be made as of 29.02.2020 in line with the employer’s declaration without waiting for the completion of the eligibility assessment for the short-time work applications made due to Covid-19. If excessive and unwarranted payments are made due to the employer’s providing incorrect information and documents, these payments will be collected from the employer with their legal interest.
- Within the scope of the article added as “Provisional Article 10” to the Labor Law numbered 4857; Employees cannot be laid off for 3 months after the publication of the law except for termination for default. Otherwise, there will be an administrative fine in the amount of minimum wage for each worker.
- In the period when the employee cannot be laid off, the employer has the right to have the employee completely or partially take unpaid leave. Employees who are on unpaid leave accordingly to this article shall not have the right to terminate their employment contract based on just cause. .