Decision of the President of the Republic dated 8 March 2021 and numbered 3592 ("Decision") has been published in the Official Gazette dated 9 March 2021 and numbered 31418 and entered into force on the date of publication.
With the Decision, the term of the
ban on termination provided by the Law on Reduction of the Impacts of the New Coronavirus Pandemic on Economic and Social Life and Law on Amendments to Certain Laws numbered 7244 and entered into force on 17 April 2020, which was to expire on 17 March 2021, has been extended for 2 months after 17 March 2021.
Accordingly;
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Any labor or service contract of any kind of employee, whether or not covered by the Labor Law numbered 4857, shall not be terminated by the employer before 17 May 2021.
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The employer may place the employee on unpaid leave during the said termination prohibition period, completely or partially, and being placed on unpaid leave does not give the employee the right to rightfully terminate the contract.
Cases of rightful termination made on the grounds of circumstances that violate rules of morality and good faith and similar circumstances, as set out in article 25/II of the Labor Law, are outside of the purview of the ban on termination; it is also provided an administrative fine at the amount of the monthly gross salary of every employee whose contract is terminated, as of the time of termination, will be imposed on any employer or its representative that terminates a employment contract in violation of the regulation.
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Nur Duygu Bozkurt Kadirhan, Senior Associate
Burak Batı, Associate
Berk Bozkurt, Trainee Lawyer