The Termination Prohibition Period Extended!
Within the scope of the measures taken due to the COVID-19 pandemic that affected the whole world and our country, with the Provisional Article 10 added to the Labor Law numbered 4857, a termination prohibition for 3 months was imposed as of 17.04.2020. In addition, employers are also given the authority to take the worker on an unpaid leave wholly or partially within the same period without the written consent of the worker. It is also stated in the text of the article that being taken on an unpaid leave does not give the employee the right to terminate the contract of employment with a valid reason.
Within the scope of Provisional Article 10, the President was authorized to extend the termination prohibition period for a maximum of three months each time until 30.06.2021, and within this scope, the termination ban was extended three times previously by the President.
With the Presidential Decision published in the Official Gazette dated 30.12.2020, the termination prohibition period was extended until 17.03.2021.
With this decision, the termination of any business or service contract by the employer is prohibited until 17.03.2021, except for situations that do not comply with the rules of ethics and goodwill and similar reasons, expiration of the term of fixed-term employment or service contract, closure of the workplace for any reason and the termination of its activity, the termination of work in all kinds of service procurement and construction works made in accordance with the relevant legislation. Likewise, employers will be able to take their workers on an unpaid leave until 17.03.2021, without the written consent of the worker.