EXTENSION OF PROHIBITION ON THE UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT DUE TO COVID-19
As you are aware, the Presidential Decision numbered 3135 published in the Official Gazette dated 27 October 2020, had extended the period of the prohibition on the unilateral termination of employment contracts by the employer and employers’ option to send their employees on unpaid leave, for an additional two (2) months, starting from 17 November 2020.
Moreover, pursuant to the Presidential Decision numbered 3344, which was published today in the Official Gazette dated 30 December 2020, the period of the prohibition on the unilateral termination of employment contracts by the employer, as well as employers’ option to send their employees on unpaid leave has been extended for another two (2) months, as per the Provisional Article 10, sub-clause 4 of the Labor Code numbered 4857, starting from 17 January 2021.
Therefore, employment contracts cannot be terminated unilaterally until 17 March 2021, except for:
- the expiration of employment or service contracts made for a determined period,
- the closure of a workplace for whatever reason and the termination of its activity,
- the termination of any service procurement made in accordance with its relevant legislation and termination of construction/manufacturing activities (in Turkish, “yapım işleri”).
- terminations due to the good faith and morality clauses provided in Article 25/1 (II) of the Labor Code or in the relevant articles of other Laws.