Conditions of the Short-Time Working Modified
The Law on The Amendment of Certain Acts No.7226
published in the repeating Official Gazette No. 31080 dated March 26, 2020 provides
for certain modifications on the conditions of the short time working funds
under Art. 41.
Anteriorly, employees working under an employment
contract for the last 120 days prior the commencement of the short-time working
were eligible for the short-time working fund, granted that they had paid
unemployment insurance premium for at least 600 days in the last three years. Pursuant
the last changes, the employees working under an employment contract for the
last 60 days prior the commencement of the short-time working are also deemed
eligible to receive the short time working fund until June 30, 2020, granted that
they have paid unemployment insurance premium for at least 450 days in the last
three years upon their application regarding Covid-19. In addition, employees
who are not deemed eligible pursuant to the relevant premium payment criterion
will be granted the right to benefit from the short-time working fund for the
period remaining from their last unemployment benefit entitlement, limited to
the short-time working period.
Employers who want to benefit from the application of
the short-time working fund under Art. 41 shall not terminate any employment
contracts, excluding terminations on grounds of incompliance with the rules of
ethics and good faith and other similar behavior during the short-time working period.
What is short-time working?
Short-time working refers to either the temporary reduction
by at least one third of the work-time within the workplace partially or
entirely; or a complete or partial shutdown of all operations for a period of not
less than four weeks, permanency unstipulated, both of which shall last for at
most three months.
Employers applying for short-time working funds to units
of Turkish Employment Agency established in provinces, due to short-time
working periods applied within their establishments as a result of COVID-19; shall
be deemed partially exempt from regarding payment obligations to the employees,
granted that their applications are found eligible.