Short-Term Working and Short-Term Working Allowance
The concepts of short-term working and short-term working allowance which find execution area in the period of novel coronavirus (“COVID-19”) pandemic, are regulated under additional Article 2 of the Law numbered 4447 on Unemployment Insurance. Accordingly, short-term working is a practice which provides income support to the insured for their off-period not longer than three months in conditions when reducing the working period in the workplace by one-thirds or suspending the operation completely or partially for at least four weeks, without any condition of continuation, due to general economic, sectoral or reginal crises and force majeure.
Due to the fact that epidemic illnesses are regulated as force majeure under the legislation; in cases where decrease in production, services and therefore in working terms or discontinuation of operation occur due to COVID-19 pandemic, short-term working may be benefited. The approval of the employee is not sought for short-term working.
Within the scope of short-term working, (i) short-term working allowance payment and (ii) General Health Insurance premiums payment are provided to the employees by the Turkish Employment Organization (Türkiye İş Kurumu (“ISKUR”)).
Along with the Law numbered 7226 on Amendments to Certain Laws (“Law“) published in the Official Gazette dated 26.03.2020 and numbered 31080 (bis), benefitting conditions of short-term working was facilitated.
Pursuant to the Law;
- Applications for short-term working due to Covid-19 can be filed until 30.06.2020 and the applications will be concluded within 60 days.
- The President is authorized to extend this application period until 31.12.2020.
In order to benefit from the short-term allowance,
- Employees are required to pay unemployment insurance premiums for at least 450 days in three years prior to the start of the short-term working and work under an employment agreement for the last 60 days prior to the start of the short-term working.
- Employers are required not to terminate any employment during the short-term working period in the workplace with the exemption of termination for just cause due to the reasons (contrary to ethics and good faith) regulated under Article 25/1,II of the Labor Code No. 4857.
For the short-term working, it is required for the employer to submit his/her request in this regard with its reasons and baseline documents to ISKUR which the employer is subject to and the workplace shall be determined as affected from the situation as a result of a suitability audit of the labor inspectors.
Within the scope of the notices which are published in ISKUR’s web site, considering the situation of the country due to Covid-19 pandemic, it is stated that short-term working applications may be submitted through electronic mail.
You may find related document samples and e-mail addresses here.
You may find frequently asked questions published by ISKUR here.