Amendments Introduced to the Labor and Social Security Legislation through the Omnibus Bill No. 7226
Through the promulgation of the Law numbered 7226 on Amendments to Certain Laws (“Law”) published in the Official Gazette dated 26.03.2020 and numbered 31080 (bis) following amendments are introduced to the labor and social security legislation under the novel coronavirus (“Covid19”) measures. In this regard;
It is foreseen that in 2020, employers, regardless of the sector, will be provided with minimum wage support from the Unemployment Insurance Fund.
Due to Covid-19, the conditions for benefiting from the short-term allowance for short-term applications have been facilitated. Through the amendment, people who have worked under an employment agreement for the last 60 days prior to the start of short-term working and paid unemployment insurance premiums for at least 450 days in the three years prior to the start of short-term working may benefit from the short-term working allowance. In addition, during the short working period, the employer should not terminate employment agreements, except for just causes regulated in Article 25/1-II of the Labor Law No. 4857. Short-term working applications can be made until 30.06.2020 and this period can be extended by the President until 31.12.2020.
The compensatory working time extended from 2 months to 4 months. This period may be doubled by the President.
Regulations regarding the general health insurance of part-time and on-call employees working pursuant to the Labor Law No. 4857 have been amended.
The maximum ratio of solidarity and aid fund of employers’ unions which can be established to be used for the payment of employer share of workers' insurance premiums increased from 25% to 35% of cash.
In line with the Economic Stability Shield Package announced by the President on 18.03.2020, the monthly minimum payment amounts of beneficiaries who receive old age, invalidity, death pension were increased and the dates of the holiday bonus payment were amended.
You may access the full text of the Law here.
All rights of this article are reserved. This article may not be used, reproduced, copied, published, distributed, or otherwise disseminated without quotation or Erdem & Erdem Law Firm's written consent. Any content created without citing the resource or Erdem & Erdem Law Firm’s written consent is regularly tracked, and legal action will be taken in case of violation.
Other Contents
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.
Through the Law on Reducing the Effects of Novel Coronavirus (Covid-19) Pandemic on Economic and Social Life and Law on Amendments to Certain Laws No. 7244 (“Law”) published in the Official Gazette dated 17.04.2020 and numbered 31102 important amendments are introduced to the labor law legislation. In this regard;
Provisional Article 24 has been added to the Law No. 4447 on Unemployment Insurance through the introduction of the Law on Reducing the Effects of Novel Coronavirus Pandemic on Economic and Social Life and Law on Amendments to Certain Laws No. 7244.
Social Security Institution published a Circular dated 07.05.2020 and numbered 2020/12 ("Circular") regarding the disease inflicted from Covid-19.
Through the Presidential Decrees numbered 2706 and 2707 published in the Official Gazette dated 30.06.2020 and numbered 31171, the periods of short-term working allowance, prohibition of termination and unpaid leave practice are extended for one month.
The Law No. 7252 on Establishment of Digital Platform Commission and Amendment to Certain Laws, which amends the Unemployment Insurance Law No. 4447 (“Law No. 4447”), the Labor Law No.4857 (“Labor Law”) and the Occupational Health and Safety Law No.6331, entered into force through...
Through the Presidential Decisions numbered 2810 and 2811, published in the Official Gazette dated 31.07.2020 and numbered 31202, the periods of short-term working allowance, prohibition of termination and unpaid leave practice are extended for one more month.
Through the Presidential Decree numbered 2915 published in the Official Gazette dated 31.08.2020 and numbered 31230, the period of short-term working allowance is re-extended for two months.
Through the Presidential Decrees numbered 2930 published in the Official Gazette dated 04.09.2020 and numbered 31234, the periods of prohibition of termination and unpaid leave practice are extended for 2 months.
Through the Presidential Decrees numbered 3134 and 3135 published in the Official Gazette dated 27.10.2020 and numbered 31287, the periods of the short-term working allowance, the prohibition of termination and the unpaid leave practices were extended for two months.
Through the Presidential Decree (Decree) numbered 3238 published in the Official Gazette dated 01.12.2020 and numbered 31321, the period to apply for short-term working allowance is extended until 31.12.2020.
Through the Presidential Decrees numbered 3246, 3247 and 3248 published in the Official Gazette dated 02.12.2020 and numbered 31322, the implementation periods of the employment incentives and the normalization premium support, provided for employers by the Social Security Institution were extended.
Through the Presidential Decrees numbered 3316 and 3317 published in the Official Gazette dated 23.12.2020 and numbered 31343, the period to apply for short-term working allowance is extended until 31.01.2021 and the period to benefit from the short-term working allowance is extended until 28.02.2021.
Through the Presidential Decree numbered 3344 (Decree) published in the Official Gazette dated 30.12.2020 and numbered 31350, the periods of the prohibition of termination and the unpaid leave practice were extended for two months.
Through the Presidential Decree numbered 3556 (“Decree”) published in the Official Gazette dated 19.02.2021 and numbered 31400, the period to benefit from the short-term working allowance has been extended until 31.03.2021.
The Regulation on Remote Working (“Regulation”) which stipulates works that cannot be realized remotely, operation rules regarding data protection and transfer and the procedures and principles of remote working, entered into force through its publication in the Official Gazette dated 10.03.2020 and numbered 31419.
Through the Presidential Decree numbered 3592 (“Decree”) published in the Official Gazette dated 09.03.2021 and numbered 31418, the periods of the prohibition of termination and the unpaid leave practices are extended for two months.
Through the Presidential Decree numbered 3910 (“Decree”) published in the Official Gazette dated 23.04.2021 and numbered 31463, the period to benefit from the short-term working allowance has been extended until 30.06.2021.