Employee and Employer Rights at Force Majeure (CoronaVirus)
Dear clients, nowadays coronavirus epidemic, affects business life negatively. We would like to analyze legal situation to this situation in terms of workers and employers.
Giving unpaid leave by the employer constitutes a radical change in the employee’s work contract. For this reason, the employee must be notified in writing of unpaid leave status, and written approval must be obtained within 6 days. If the employee does not accept it, that means will be employee’s contract will be terminated. In this case, the employee will have the right to reinstatement claim and the employer may be compensated.
2-Time-Off with Payment
If the employees have right of time off with payment, they can be used.
In case of a compelling reason arising in accordance with Labor Law Article.40 and the workplace is closed down, the employer must pay half a fee for up to a week. Although the employer’s obligation to pay wages disappears after one week, this situation ends with the disappearance of the compelling reason. With the employer’s application to İŞKUR, after a week, workers can receive short employment allowance by İŞKUR. This situation accepts as a result of the decision of the board of İŞKUR. Therefore, an explanation should be expected from İŞKUR or the government in general. Otherwise, workers may request fees for these downtime in the future. Applications started on İŞKUR website.
4- Compensatory Work
If there is a compulsory reason, the employer can make compensatory work within 2 months after the compelling reason disappears. Compensatory work 3 hours a day and daily working time including this work cannot be more than 11 hours. This is a situation that can be done after the disappearance of the compulsory reason and no extra fee will be paid to the worker for compensation work.