Within the scope of the article added as Provisional Article 10 to the Labor Law numbered 4857 and dated 22/5/2003 with the Law numbered 7244; there is a principle of prohibition of termination for 3 months, the employers are able to make the employee take entirely or partially unpaid leave for 3 months from 17/4/2020:
PROVISIONAL ARTICLE 10 – Regardless of whether this Law covers the relevant contractual relationship or not, any employment or service contract cannot be terminated by the employer for three months from the effective date of this article except for situations that do not comply with the rules of ethics and goodwill and similar reasons stated in the paragraph (II) of the first paragraph of Article 25 and related provisions of other laws.
The employer may make the employee take completely or partially unpaid leave in order not to exceed three months from the date of entry into force of this article. Being taken unpaid leave accordingly to this article does not give the employee the right to terminate the employment contract based on just cause.
The employer or the employer representative who terminates the employment contract by violation of the provisions of this article, will be imposed an administrative fine for each employee whose contract is terminated with the amount of monthly gross minimum wage at the date of the act.
The President is authorized to extend the three-month-long periods stated under the first and second paragraphs up to six months.
As a result; in accordance with the Paragraph 4 of the Provisional Article 10 which is added to the Labour Law numbered 4857; the President has decided to extend the principle of prohibiton of termination for 1 month and this decision entered into force by being published on the Official Gazette dated 30.06.2020 and numbered 31171.
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