Considering the huge impacts of the coronavirus on the economy and business globally, we would like to give you a brief information about the legal consequences of this pandemic in Turkey from a Turkish employment law perspective. Please see below the questionnaire prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
Termination of Employment Contracts under Turkish LawMelis Buhan Öncel
Under Turkish Labor Law numbered 4857 ("Labor Law"), there are two main categories of employment contracts, namely i) employment contracts concluded for an indefinite period and ii) employment contracts concluded for a definite period. Accordingly, please see our note regarding the termination of employment contracts in Turkey.
A detailed study of Apprenticeship Act, 1961 of India, covering the entire 3 chapters on Definitions, Duties of an employer and Obligations of an Apprentice, Period, Leave entitlements and Termination of Contract etc using an analogy of Harry Potter. Useful for law students, HR students and MBA students.
Termination of Employment Contracts under Turkish LawMelis Buhan Öncel
Under Turkish Labor Law numbered 4857 ("Labor Law"), there are two main categories of employment contracts, namely i) employment contracts concluded for an indefinite period and ii) employment contracts concluded for a definite period. Accordingly, please see our note regarding the termination of employment contracts in Turkey.
A detailed study of Apprenticeship Act, 1961 of India, covering the entire 3 chapters on Definitions, Duties of an employer and Obligations of an Apprentice, Period, Leave entitlements and Termination of Contract etc using an analogy of Harry Potter. Useful for law students, HR students and MBA students.
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
Proposed Amendments to the Apprentices Act, 1961ADP India
ADP presents newsletter on Apprentice Act. The Apprentices Act, 1961 was enacted with the objective of regulating the program of training of apprentices in the industry by utilizing the facilities available therein for imparting on-the-job training. The Act makes it obligatory for employers to engage apprentices in designated trades to impart apprenticeship training on the job in industry to school leavers and ITI pass outs, Graduates engineer, Diploma holder and Certificate in 10+2 vocational stream to develop skilled manpower.
Read More at: http://www.adp.in/resources/newsletters/Strictly-Statutes-July-14.pdf
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
Proposed Amendments to the Apprentices Act, 1961ADP India
ADP presents newsletter on Apprentice Act. The Apprentices Act, 1961 was enacted with the objective of regulating the program of training of apprentices in the industry by utilizing the facilities available therein for imparting on-the-job training. The Act makes it obligatory for employers to engage apprentices in designated trades to impart apprenticeship training on the job in industry to school leavers and ITI pass outs, Graduates engineer, Diploma holder and Certificate in 10+2 vocational stream to develop skilled manpower.
Read More at: http://www.adp.in/resources/newsletters/Strictly-Statutes-July-14.pdf
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
Impacts of covid 19 pandemic on commercial lease agreementsMelis Buhan Öncel
We would like to share our legal assessments regarding the impacts of Covid-19 on commercial lease agreements. This document is prepared to provide general information. Each specific case has its own legal consequences; therefore, we highly recommend you consult with a lawyer before taking any action.
COVID – 19 KAPSAMINDA ALINAN TEDBİRLER VE COVID – 19’UN HUKUK VE TİCARET HAYA...Melis Buhan Öncel
Koronavirüs (Covid-19) salgını sebebiyle ekonomi ve ticaret hayatına ilişkin birçok tedbir
alındığı gibi icra takipleri ve yargılama sürelerinin durdurulması, kısa çalışma ve telafi
çalışması gibi birçok farklı konuda da düzenleme yapılmıştır. Bu kapsamda, 26Mart 2020 tarih
ve 31080 sayılı Resmi Gazete 1. Mükerrer’de yayımlanan 7226 sayılı Bazı Kanunlarda
Değişiklik Yapılmasına Dair Kanun (“Kanun”) ile yapılan değişiklikler ve düzenlemeler başta
olmak üzere alınan tedbirlere ilişkin bilgiler aşağıda yer almaktadır:
Koronavirüs salgınının işyeri kira sözleşmelerine etkilerine ilişkin hukuki değerlendirmelerimizi sizlerle paylaşmak isteriz. Aşağıdaki açıklamalarımız genel bilgilendirme niteliğinde hazırlanmış olup, her durum özelinde farklı hukuki sonuçlar doğabileceğinden ilk olarak kira sözleşmelerindeki özel hükümlerin incelenmesini ve herhangi bir işlem yapılmadan önce avukata danışılmasını tavsiye ediyoruz.
Görülmekte olan korona virüsü salgınının çalışanlarla olan iş ilişkilerini nasıl etkileyeceği konusunda işverenler için hazırladığımız hukuki değerlendirmelerimizi soru cevap şeklinde sizlerle paylaşmak isteriz.
Açıklamalarımıza geçmeden önce, özellikle sözleşmenin feshi işlemi öncesinde, her bir çalışanın iş sözleşmesi de incelenerek özel olarak değerlendirilmesi gerektiğini önemle belirtmek isteriz.
Considering the huge impacts of the coronavirus on the economy and business globally, we would like to give you a brief information about the legal consequences of this pandemic in
Turkey from a Turkish employment law perspective. Please see below the questionnaire prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
Impacts of Mediation Procedure on Turkish Employment LawMelis Buhan Öncel
Turkish legal system has been changed with the new provisions introduced by the Law on Mediation in Civil Disputes (Law No:6325) (the “Mediation Law”) and the Regulation Regarding Law on Mediation in Civil Disputes (the “Mediation Regulation”). The concept of mediation, which has been adopted as an alternative dispute resolution method in Turkey, is regulated as mandatory and optional. The reason for the enactment of the Mediation Law is an inevitable result of the Turkish Courts’ overwhelming caseload.
This new concept of mediation in Turkey also affected the Turkish Labour Code (Law No: 4857) (the “Labour Code”) and with the enactment of Law on Labor Courts (Law No: 7036) on 2017, there have been many amendments in the Turkish Labour Code to ensure the compliance with this new concept. The mediation process has become a mandatory step to be taken by the employees before initiating a lawsuit.
The Law numbered 6698 on Protection of Personal Data (“Law”) has been published recently which introduced new requirements and obligations in terms of data protection.
Following the enforcement of the Law, the companies in Turkey are required to render their internal regulations, policies and contracts to comply with the Law. In this Article, the procedures to be followed by companies from the point of view of employment and contractual law will be described.
6698 sayılı Kişisel Verilen Korunması Kanunu’na uyum kapsamında şirketlerin yapması gerekenlerin iş hukuku ile sözleşmeler hukuku yönünden değerlendirilmesine ilişkin bilgi notu.
Recent Changes in Turkish Laws Governing Immigration ProceduresMelis Buhan Öncel
This publication has been prepared in order to provide brief information regarding residence and work permits in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
Please be informed that currently there is no specific regulation regarding the protection of personal data in Turkey and protection of personal data is regulated under various legislation. However, the Draft Code on the Protection of Personal Data (the "Draft Code") is recently approved by the Prime Minister of Turkey to be submitted to the Parliament on January 18, 2016. As part of the European Union compliance procedure, the Draft Code is prepared by way of modelling European Union's Directive numbered 95/46 ("Directive No. 95/46") and published in 1995.Due to the fact that data protection is regulated under various laws and regulations, there is not any specific definition for “Personal Data” under our current legislation.
This publication is prepared to provide general information for expats residing and working in Turkey.
Due to the frequency of foreign investments made and the number of multinational companies based in Turkey, especially within the recent years the number of expats increased rapidly. On the basis of the current situation in Turkey, it is no surprise to expect that Turkey will continue to attract expats.
As per our experiences with our expat clients, we noted that they do not hold a strong position against companies to negotiate their terms of employment and the content of their employment contracts, they have difficulties understanding the nature of their rights.
As DAB Law Firm we have observed that expats and even their employers get lost between the procedures to be followed during the residence and work permit applications. In this regard, this note is prepared to provide guidance to foreigners working in Turkey or wishing to work and reside in Turkey.
DAB Hukuk Bürosu, 13 Ocak 2016 tarihinde Lebib Yalkın ile işbirliği içerisinde gerçekleştirmiş olduğu “İş Sözleşmelerinin Feshi” seminerine gösterilen yoğun ilgi sebebiyle seminer notlarının genel bir özetini sunmaktadır. Bilindiği üzere, günümüz ekonomisinde gerek yeni iş fırsatlarının ortaya çıkması gerekse işverenlerin nitelikli çalışan arayışları dikkate alındığında uygulamada iş sözleşlemelerinin feshi konusu giderek önem kazanmaktadır. Dolayısıyla, DAB Hukuk Bürosu söz konusu seminerde iş sözleşmesinin feshinde izlenilmesi gereken usul, çalışana yapılması gereken fesih ödemeleri, çalışanın ve işverenin hakları, iş güvencesi hükümleri, toplu işten çıkarmalar, işyeri devri, iş sözleşmelerin devri (işçi devri) ve feshin sonuçları gibi konuları hem ilgili mevzuat hem de Yargıtay kararları kapsamında inceleyerek kısa bir özetini sunmaktadır. DAB Hukuk Bürosu, özellikle şirketler ve ticaret hukuku, iş hukuku, yabancıların Türkiye'de yerleşimi ve çalışma izinlerinin alınması, banka ve finans hukuku, fikri mülkiyet hukuku ve uyuşmazlıkların çözümü gibi birçok farklı konuda hukuki destek sağlamaktadır.
İletişime Bilgileri:
E-mail: info@dablawfirm.com
İnternet Sitesi: www.dablawfirm.com
DAB Law Firm provides all services including preparation of trademark applications, objections, petitions, relevant evidences and files lawsuits on behalf of its clients. Kindly note that DAB Law firm is always in communication with the relevant authorities such as Turkish Patent Institute. This publication has been prepared in order to provide brief information regarding trademarks in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
Joint Stock Companies and Limited Liability CompaniesMelis Buhan Öncel
is publication is prepared to provide general information regarding two primary types of limited liability entities that may be incorporated in Turkey.
Accordingly, these are joint stock companies (“JSC”) and limited liability companies (“LC”).
In principle, the liability of shareholders for obligations of either a JSC or a LC is limited to their capital contribution, except for certain obligations of the shareholders of a LC towards the government. Moreover, with respect to the JSCs, members of the board of directors and authorized signatories may be held liable for public debts.
The provisions regarding JSCs and LCs are generally regulated under the Turkish Commercial Code (Law No: 6102) (published in the Official Gazette dated February 14, 2011 and numbered 27846) (the “TCC”) and Implementation Law of the Turkish Commercial Code (Law No. 6103), (published in the Official Gazette dated February 14, 2011 and numbered 27846) (“Implementation Law”).
Joint Stock Companies and Limited Liability CompaniesMelis Buhan Öncel
This publication has been prepared in order to provide general information regarding two primary types of limited liability entities that may be incorporated in Turkey. For further information, please contact: Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com
This publication has been prepared in order to provide general information regarding two primary types of limited liability entities that may be incorporated in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
This publication has been prepared in order to provide general information regarding two primary types of legal entities that may be incorporated in Turkey.
For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Impacts of covid 19 on employment relations
1. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
W: www.oaulegal.com
1
23.03.2020
IMPACTS OF COVID-19 ON EMPLOYMENT RELATIONS
Considering the huge impacts of the coronavirus on the economy and business globally, we
would like to give you a brief information about the legal consequences of this pandemic in
Turkey from a Turkish employment law perspective. Please see below the questionnaire
prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
1. Which workplaces are obliged to be temporarily closed?
According to the Circular published by the Ministry of Interior of Turkey on 16.03.2020, all
theatres, cinemas, show centres, concert halls, engagement/wedding halls, restaurant/cafés with
music or live performance, clubs, pubs, taverns, coffeehouses, cafeterias, countryside gardens,
hookah cafes, internet cafes, playrooms, clubhouses, amusement parks, swimming pools, SPAs
and gyms are required to be temporarily closed.
Workplaces which do not fall under the scope of the Circular will continue to operate as usual.
In this respect, please kindly note that according to the general principles under Turkish Labour
Code (the “Labour Code”) and the Turkish Code of Obligations, employers are obliged
to implement health surveillance in the workplace and protect the personal rights of the
employees. Therefore, in practice, some of the employers, although not mandatory under the
above-mentioned Circular, take certain measures to prevent the spread of the coronavirus at the
workplace, i.e. closing, re-structuring or downsizing their businesses.
2. What are the options of the workplaces which are closed voluntarily, or mandatorily
under the Circular?
Firstly, it is important to note that according to Article 417 of the Turkish Code of Obligations,
employers are obliged to protect their employees and take all necessary precautions to provide
occupational health and safety at the workplace. Therefore, employers who wish to open their
businesses (that do not fall under the Circular) must be diligent in calling their employees to
work in order to prevent the spread of the virus. In this respect, if such employers do decide to
temporarily close their workplaces during the pandemic, as a rule, they will still be under the
requirement to pay salary to their employees, since they do not fall under the Circular (except
for cases specific to the workplace or the employee in question).
2. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
W: www.oaulegal.com
2
Whether the workplace is closed mandatorily under the Circular or voluntarily as explained
above, the employers may consider implementing the following options (not necessarily in the
below order):
i. Employees working from home (with full or partial salary) if possible - In such a
case, the employees may work from their homes in return of full salary or partial salary.
Please note that the prior written approval of the employee will be required for the partial
salary payment option.
ii. Employees collectively taking annual leave - In cases where it is not possible for the
employees to work from home or it is not preferred by the employers to pay salary while
the workplace is temporarily closed, then the employers may require the employees to
collectively use their annual paid leave rights. Accordingly, the annual leave forms
should be filled in by the employees before using the paid annual leave right.
iii. Employees collectively taking unpaid leave – In cases where none of the above
measures can be applied, the employees may be required to take unpaid leave which is
explained below in detail.
iv. Other measures and termination – We will delve into other available options such as
compensatory work and the reciprocal termination rights below.
It is important to note that Article 40 of the Labour Code requires that in force majeure cases,
the employers must pay half the salary of the employee for a period of 1 week even though the
employee does not work in return. Therefore, the said Article 40 must be applied by the
employers (only for a week) in any case, even the employers implement the options we
explain in this Article as far as to terminate the employees, hence the employers will be
required to pay half the salaries and social security premiums of the employees for 1 week
as explained above.
After the 1-week period, employment contracts of employees working at the workplaces that
fall under the Circular, will be suspended and the employers shall not be required to pay salary.
That said, we still recommend such employers to implement the above-mentioned measures if
possible before proceeding with a termination.
As mentioned above, the requirements to come to work in respect of the employee and to pay
salary in respect of the employer still continue for the workplaces that do not fall under the
Circular (unless there is a specific quarantine case); therefore, it is crucial for such employers
to consider the options we discuss in this Article.
3. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
W: www.oaulegal.com
3
3. How is the unpaid leave procedure implemented in Turkey?
Please be informed that the employers may always require their employees to take unpaid leave
for a certain period of time, by taking their prior written consents. In this respect, the
employers who require their employees to take unpaid leave must inform them in writing
beforehand and clearly state the reason for the unpaid leave as the coronavirus pandemic. A
reasonably limited period must be determined and indicated in the consent letter, as to how long
the unpaid leave procedure will be in effect, and such must also be stated in the consent letters.
Merely writing “as long as the epidemic continues” is not advised.
The employment contract of an employee who accepts to use the unpaid leave, within 6 business
days, in writing, will be suspended accordingly. During the suspension, such employment
contracts will continue to be legally effective, but the employees will no longer be obliged to
perform their work and the employers will not be obliged to pay salary. Moreover, the
employers are not required to pay social security premiums of the employees during the unpaid
leave term.
On the other hand, if the employee does not accept the unpaid leave requirement within 6
business days, then the employer may terminate the employment contract by explaining in
writing that this requirement is based on a valid ground (considering that the other options are
or cannot be used). Please kindly note that in such a termination, the severance pay must
be paid to the employee whose employment contract is terminated if she/he has the
eligibility as per Article 14 of the former Turkish Labour Code. We would like to emphasize
that the pandemic can also be a reason for immediate termination as explained below.
Please be informed that the parties may amend the working conditions of the employee (such
as the salary or change of duties as part of re-organization) by mutual agreement at any time.
4. If none of the above (paid leave, unpaid leave, working from home) measures can be
taken by the employer, is there any other option other than termination of the
employment contract?
In any case where the employers voluntarily or compulsorily close their workplaces during the
pandemic and none of the abovementioned measures (paid leave, unpaid leave, home-office)
can be or are taken, other measures such as compensatory work or short-term working may be
applied if it is not wished to terminate the employee.
5. How is the compensatory work implemented by employers?
In the cases where the working hours of the employees are considerably lower than the regular
working hours; or the operations are stopped entirely due to the force majeure or the employee
is granted unpaid leave upon his/her request, the employer may require the employee to do
compensatory work within two months (it is expected to be extended to 4 months by the Turkish
Government) in order to make up for the missing time. Such compensatory work will not be
considered overtime and therefore the employee will not be entitled to overtime payment.
4. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
W: www.oaulegal.com
4
Please note that the employers must inform the employees about the details of the compensatory
work beforehand. The daily working hour of an employee can be maximum 11 hours and the
compensatory work must not exceed 3 hours each day.
6. What is short-term working and short-term employment allowance?
In case that the working hours in a workplace are reduced by at least 1/3 or the operations are
completely or partially suspended for at least 4 weeks (it does not have to be successive), the
employer may decide to implement short-term working at the workplace due to the compelling
reasons such as general economic, sectoral or regional crisis and epidemic disease by applying
to the Turkish Employment Agency.
Please kindly note that that the period of short-term employment cannot be more than 3 months
(it may be extended to 6 months by the President). During this period, the employees who are
eligible to receive unemployment allowance from the Turkish Government by meeting the
“social security premium day requirement” will also be eligible to receive short-term
employment payment from the Turkish Government.
7. Can the employment contracts be terminated due to the coronavirus pandemic?
Please note that all employers must consider terminating the employment contracts as a last
resort by also taking into account the proportionality and equal treatment policies under Turkish
employment law.
According to Article 24 of the Labour Code, the employee may immediately terminate the
employment contract based on just cause due to the “occurrence of force majeure which
suspends the operations of the workplace more than 1 week.” On the other hand, according to
Article 25 of the Labour Code, the employers may also immediately terminate the employment
contract “in case of a force majeure preventing the employee from working in the workplace
for more than 1 week.”
Regardless of whether the termination is made by the employer or the employee; in case of such
above-mentioned immediate termination based on just cause, the employee will be entitled to
a severance payment if he/she worked at least 1 year for the employer (save for cases
specific to the employee). However, none of the parties, as a rule, will be entitled to notice
pay.
Having said that, please be remined that each case should be evaluated specifically before
taking any action as to termination, especially in respect of the workplaces that do not fall
under the mandatory shut down requirement, but close voluntarily.
Öncel, Aydin & Uygun Attorney Partnership