Presidential Decree on Measures Taken in the Field of Labor and Social Security under the State of Emergency
The Presidential Decree on the Measures Taken in the Field of Labor and Social Security under the State of Emergency (Decree) entered into force through its publication in the Official Gazette dated 22.02.2023 and numbered 32112. The measures introduced by the Decree and to be implemented in the provinces where the state of emergency has been declared are summarized below.
- For short-time working applications made by employers to the Turkish Employment Agency on the grounds of regional crisis, short-time working pay is granted without waiting for the completion of the eligibility determination for workplaces located in the provinces/districts to be determined by the Ministry of Labor and Social Security according to the status of being affected by the earthquake and/or workplaces that document that they are destroyed, to be destroyed immediately, heavily or moderately damaged due to the earthquake.
- As of 22.02.2023 and during the state of emergency, the employment contract cannot be terminated by the employer, except in cases that do not comply with the rules of morality and goodwill and similar reasons, the expiration of the term of the fixed-term employment and service contract, the closure and termination of the activity of the workplace for any reason, and the termination of the work in all kinds of service procurement and construction works carried out according to the relevant legislation. The employer or the employer's representative who terminates the employment contract in violation of this regulation shall be imposed an administrative fine in the amount of the gross minimum wage for each employee whose contract is terminated.
- Those who do not qualify for short-time working allowance or who do not qualify for a new unemployment allowance will receive a cash wage support of 133.44 TL per day, not exceeding the duration of the state of emergency, during the period of short-time working or for the period of unemployment, if certain conditions are met. Only stamp tax is deducted from this payment.
- As of 06.02.2023, the deadlines for granting authorization determinations under Law No. 6356 on Trade Unions and Collective Bargaining Agreements, concluding collective bargaining agreements, resolving collective labor disputes, and strikes and lockouts in the provinces where a state of emergency has been declared have been extended for the duration of the state of emergency as of 06.02.2023.
- The Social Security Institution is authorized to take measures and determine the procedures and principles regarding the health services to be financed from the Social Security Institution budget during the state of emergency. Expenditures to be made within this scope shall be covered by the budget of the Social Security Institution.
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