Layoff Ban | Employee & Employer Lawyer | Izmir Lawyer | Izmir Law Firm
Published in the Official Gazette on April 17, 2020 “"Law on Reducing the Economic and Social Impacts of the Novel Coronavirus (Covid-19) Pandemic and Amending Certain Laws"” Within this scope, a number of changes have been made to the Labor Law. These changes have imposed certain restrictions and obligations on employers. Perhaps the most prominent of these is the ban on employee dismissals, as it is commonly known. So, what are the scope and limits of this ban?
What is the Layoff Ban?
Law on Reducing the Economic and Social Impacts of the Novel Coronavirus (Covid-19) Pandemic and Amending Certain Laws The employer's ban on dismissals, introduced by the law, came into effect on April 17, 2020, the date of its publication in the Official Gazette. Within this scope, employers are prohibited from dismissing personnel, except for the specified exceptions.
Labor Law No. 4857 / Temporary Article 10
Regardless of whether it falls within the scope of this Law, any employment or service contract cannot be terminated by the employer for a period of three months from the date this article enters into force, except for cases that do not comply with the rules of morality and good faith as set forth in subparagraph (II) of the first paragraph of Article 25 and the relevant provisions of other laws, and similar reasons, the expiration of the term in fixed-term employment or service contracts, the closure of the workplace for any reason and the cessation of its activities, and the completion of the work in all types of service procurements and construction works carried out in accordance with the relevant legislation.
What are the exceptions to the ban on dismissals?
According to Article 10 of the Labor Law, which we have cited above, employers can only terminate the employment contract immediately for just cause as stipulated in Article 25/II of the Labor Law No. 4857, which regulates the grounds for justified termination by the employer.“reasons that are contrary to morality and good faith”They will be able to terminate the employment contract based on the reasons listed under the heading "...".
Article 25/II - Cases and similar situations that do not comply with moral and good faith principles:
a) The employee misleading the employer by claiming to possess the necessary qualifications or conditions for an essential point of the employment contract at the time the contract was made, when in fact they do not, or by providing false information or statements.
(b) The employee making statements or engaging in conduct that harms the honor and reputation of the employer or a member of their family, or making unfounded accusations and allegations that are damaging to the employer's honor and dignity.
c) The employee sexually harassing another employee of the employer.
d) The worker's actions towards the employer, a member of the employer's family, or another employee of the employer.
Harassment, coming to work intoxicated or under the influence of drugs, or using these substances in the workplace.
e) The employee engaging in conduct that violates honesty and loyalty, such as abusing the employer's trust, committing theft, or disclosing the employer's trade secrets.
f) The employee committing an offence at the workplace punishable by imprisonment of more than seven days, and the sentence is not suspended.
g) The employee's failure to report to work for two consecutive working days without permission from the employer or without a valid reason, or twice within a month on the working day following a holiday, or for three working days within a month.
h) The worker's persistent refusal to perform the duties he/she is obligated to perform, even after being reminded of them.
i) The worker endangering workplace safety due to their own will or negligence, or causing damage or loss to machinery, equipment, or other items and materials belonging to the workplace, or those under their control but not owned by the workplace, to an extent that they cannot compensate for the damage or loss with thirty days' worth of wages.
How long is the ban on layoffs valid?
YLaw on Reducing the Economic and Social Impacts of the Coronavirus (COVID-19) Pandemic and Amending Certain Laws Within the scope of the regulation introducing the ban on dismissals, the President has been given the authority to extend the ban for periods of three months; the Regulation on the Ban on Dismissals and the Employer's Right to Send Employees on Unpaid Leave, dated 30.12.2020, will be effective from 17/01/2021. It was decided to extend it for a period of two months.has been.
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