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SHORT-TIME WORK ALLOWANCE’S UNDER THE EFFECTS OF COVID-19 TO THE WORKPLACES

 March, 2020 

The Turkish Employment Agency (“ISKUR”) declared on 22 March 2020 that the employers whose activities have been negatively affected due to Covid-19 will be able to apply to ISKUR with short term working system requests and made an announcement about the Short-Time Work Allowance’s application procedure due to Covid-19 cases, in order to make its process faster and easier for the employers. 

In this respect; 

  1. the “effects of Covid-19 to the workplaces” shall be accepted by ISKUR as force majeure circumstance arising from “periodical external factors” in the short-time work applications. In this respect, in the workplaces where working hours have been reduced in at least 1/3 or where activities have been suspended for at least 4 weeks’ due to Covid-19, short-time work allowance applications may be made by the Employers. In the case that the employer’s such application is approved by the related department of ISKUR, the employees of the employer will be receiving short time allowance up to 3 months. 
  2. The employer who requests short-time work can apply for it, having provided necessary proof that they have been negatively affected by the Coronavirus, along with the Short-Term Work Request Form and a list of information regarding the employees who will be benefiting from short-time work, by electronic mail to the Turkish Employment Agency (ISKUR) . 
  3. Documentation of proof to be provided by the employer during the application showing that there has been a negative effect due to the virus is of high importance for the fast outcome of the requests. Kindly note that with this online application procedure, the investigations and approvals by ISKUR shall be as well made without any physical investigation procedure to be realized by labor inspectors in the applicant workplace. 

ISKUR declared in its announcement of 22 March 2020 that the following points shall be taken into consideration about the decision to approve the Employer’s short-time working allowance application, caused due Covid-19: 

  • All evaluations will be made by the Department of Guidance and Inspection or Departments of Assembly, relying solely on relevant documentation provided by the employer during the application, without having to go to the related workplace for inspection; 
  • During the evaluation of the application, if it is considered that there is a lack of documentation, the employers will be contacted as soon as possible to request the missing documentation be provided electronically and the application will be completed on a documentation basis; 
  • Regarding workplaces, which have been suspended by the Presidency, Ministries or any relevant public bodies, the relevant documentation proving that they fall within this scope will be sufficient in the determination of suitability; 
  • Regarding workplaces, which have suspended or reduced their activity in light of executive decisions of employers, documentation that manifests the situation will be sufficient in the determination of suitability; 
  • A written report will be made by the Ministry’s Labor Inspectors regarding the determination of suitability. The mentioned report and its appendices will be sent by registered electronic mail address of the Employer. 

Consequently, where is its determined by Labor Inspectors that the workplace’s activities have been suspended or the workplace has reduced its work hours due to Covid-19, the employer will be notified about the approval decision for its application by ISKUR. Such approval decision will be communicated to the electronic e-mail addresses of the applicant employers. 

The amount of the short time allowance is calculated at the %60 of average daily gross earning of the employee, determined by taking into account the last 12 months’ average earning taken as “basic to premium”. Short-time work allowance amount that is calculated in this manner cannot exceed the %150 of the gross amount of the minimum wage. 

Our Law Firm remains at your disposal for any further clarifications you may need about the subject matter. 

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