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NEW REGULATIONS BROUGHT ALONG WITH THE LAW ON THE ESTABLISHMENT OF THE DIGITAL MEDIA COMMISSION AND MAKING AMENDMENTS ON SOME LAWS

LAW ON THE ESTABLISHMENT OF THE DIGITAL MEDIA COMMISSION AND MAKING AMENDMENTS ON SOME LAWS numbered 7252 is published on the Official Gazette dated 28.07.2020.

Regulations that will come into force with the Law;

I. Article – 3 (It entered into force on 28.07.2020.)

Regarding the extension of day of application and / or the period for benefiting from the short-time working method until 31/12/2020, separately or as a whole on sectoral basis; The President has been empowered.

Current Situation in Short-Time Working Practice: According to the Presidential Decisions No. 2706 and 2811; the right to short-time working continues for two months (1+1) as of 01.07.2020 for the workplaces where the short-time working practice ended before June 30; or as of the end date of the short-time working practice for the workplaces where the short-time working practice were still continuing on June 30.

II. Article – 4 (It will come into force on 01/08/2020.)

For encouraging to return to weekly normal working order at the workplace; It has been regulated that all the insured and employer shares shall be covered from the unemployment fund for three months.

Conditions:

  • Application for short-time working practice must have been submitted before the date of 01/07/2020.
  • Short-time working should end and weekly normal working order should be returned to.
  • It will be implemented for three months following the end date of short-time working. The end date of three-month-long period shall not exceed 31/12/2020.
  • The support amount will be in the amount of the minimum earnings base of the employer and employee shares. This amount will be deducted from the premium that employers will calculate and pay, and monthly support will be provided.
  • The support for the employees who are made to leave on unpaid leave before 01/07/2020 and who have benefited from cash wage support shall also be provided under the above conditions.
  • The support period shall not exceed the average monthly number of days the insured receives short-time working allowance or cash wage support.
  • In case of determination of the short-time working and/or unpaid leave practice is irregular; the support shall also be cancelled.
  • The employer benefiting from this support shall not be able to benefit from other insurance premium incentives and supports for the same insured.
  • This support from the fund shall not be considered as income, expense or cost for income tax practices.
  • The President will have the authority to extend the three-month-long period, up to six months, separately or as a whole on sectoral basis.

III. Article – 5 (It will come into force on 28.07.2020.) 

Exceptions to the prohibition of termination of employment contract have been extended and the President has been given the right to extend the prohibition of termination of employment contract and cash wage support practice with maximum three-month-long periods until 30/06/2021.

New Regulated Exceptions:

– The expiration of the fixed term employment contract

– The workplace getting closed for any reason and termination of the activity

– End of work in service purchases and construction works

Current Situation in Prohibition of Termination of Employment Contract and Unpaid Leave/Cash Fee Support: With the law published in the Official Gazette dated April 17, 2020, termination of the employment contract is prohibited for 3 months. With the Presidential decision published on June 30, this period has been extended by 1 month, and an additional month has been added with the Presidential decision published on July 31. Therefore; until 17 September 2020, termination of the employment contracts are prohibited besides the exceptions. The unpaid leave practice may be continued until September 17, 2020.

IV. Article – 10 (It will come into force on the date of publication with effect from 01/07/2020.)

It is foreseen to postpone the enforcement of the Articles 6 and 7 of the Occupational Health and Safety Law, which started to be implemented since 01/07/2020 for workplaces with employees less than 50 employees and which are classified as less dangerous until 31/12/2023.


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