Short-Term Work Practice and Short-Term Work Allowance Due to Coronavirus

In the Coordination Against Coronavirus Meeting held with the Presidency and Ministries on

March 18, 2020, it was also stated that with the 19-item package called the Economic Stability Shield, the short-term work practice will start to reduce the effects of the Kovid-19 outbreak.

In this context, Additional Article 2 of the Unemployment Insurance Law No. 4447; “In the event that the weekly working hours in the workplace are significantly reduced temporarily or the activity is stopped completely or partially temporarily due to the general economic, sectoral or regional crisis and compelling reasons, short work can be done not to exceed three months in the workplace.” It is in the form and shows the conditions and duration of short-term work.

To understand the conditions of Short-Term Work in a broader expression, the concept of “Compelling Reason” in the Regulation on Short-Term Work and Short-Term Allowance is not “due to the employer’s own referral and administration, can not be predicted before, as a result of which the employer cannot be eliminated, temporarily decreasing the working period or the activity completely. or periodic situations resulting from external effects that result in partial cessation or situations such as earthquake, fire, flooding, landslide, epidemic disease, mobilization ”.

As it can be understood from this definition, the coronavirus epidemic surrounding the world and our country is a situation that requires a Short Term Study in the face of the fact that it is not caused by the employer, cannot be predicted and eliminated and develops as a result of external effects.

The Employer will notify the Short-Term Work Decision to İŞKUR and will be entitled to the Short-Term Work Allowance upon the review and approval of the inspector from İŞKUR.

In order for workers to be able to work shortly, according to Law No. 4447, the worker must be entitled to unemployment benefits in terms of working hours and the number of days of the unemployment insurance premium paid at the start of the short work. In other words, the workers must have paid unemployment insurance premiums for at least 600 days in the last 3 years from those who have been subjected to service contracts for the last 120 days before the start of the short work.

Article 41 of the Law on Amendments to Law No. 7226 and the following provisional article have been added to Law No. 4447.

“TEMPORARY ARTICLE 23 – Termination of the service contract envisaged in the third paragraph of the additional article 2 for the short-term applications made for compelling reasons originating from the new coronavirus (Covid-19), valid for 30/6/2020 except for those who are subject to the service contract for the last 60 days before the short-run start date, the provision of unemployment insurance is applied as 450 days insured and paid unemployment insurance premium in the last three years. Those who do not meet this condition will continue to benefit from the short-time work allowance for the period remaining from the last unemployment benefit entitlement, in order not to exceed the short working period.

In order to benefit from the short-work practice within the scope of this article, the employer should not be dismissed by the employer, except for the reasons set out in the first paragraph (II) of the 25th article of the Law no. Applications made under this article are concluded within 60 days from the date of application.

The President is authorized to extend the application date made under this article until 31/12/2020 and to differentiate the days specified in the first paragraph. ”

The daily short-time working allowance has been determined as 60% of the average daily gross earnings calculated by taking into consideration the earnings of the insured for the last 12 months, this amount shall not exceed 150% of the gross amount of the monthly minimum wage.

Attorney Mikail YEŞİL

Yeşil Law Office