Presidential Decree dated 29 June 2020 and numbered 2707 (the “Decree”) has been published on the Official Gazette dated 30 June 2020 and numbered 31171. The Decree has been entered into force as of publication date.
With the Decree, the duration of the termination prohibition until 17 July 2020., which came into force on 17 April 2020 and regulated by The Law on Reducing the Effects of Novel Coronavirus (COVID-19) Outbreak on Economic and Social Life and Amending Certain Laws numbered 7244” (the “Omnibus Bill”), have been extended by 1 (one) month.
In this regard;
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None of the employment or service agreements shall be terminated by the employer until the date of 17 August 2020, regardless that whether the employee is subject to the Law No. 4857 or not.
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However, the employer may have the employee use unpaid leaves entirely or partially within the mentioned period of prohibition of termination and using such unpaid leaves shall not grant the employees the right to terminate employment agreement with valid reasons;
The immediate termination of the employment agreement regulated under the Article 25/II of the Law No. 4857 due to rightful reasons stemming from employee’s action against the morality and bona fide principles, and similar reasons are excluded from the scope of the prohibition of termination.
In parallel with the above-mentioned regulations introduced on the prohibition of termination; the employers and/or the employer representatives who terminate the employment agreements against the regulation shall be imposed with an administrative fine corresponding to the amount of the gross minimum wage set in effect as of the termination date per each employment agreement terminated;
The Decree does not have a readily available English version. However, you may access the Turkish version of the Decree from
here.
MORAL & PARTNERS
Aslı Pamukkale, Partner
Aslı Kınsız, Associate
Burak Batı, Trainee Associate