Temporarily by the place of work or in line with a public recommendation
Closing
Without the need for any official statement or T.C. Ministry of Health or
In addition, by following the recommendation of public institutions and organizations, the employer’s workplace temporarily
As a rule, the employer’s obligation to pay the wages of the workers continues. Because this
In this case, the employer closed the workplace on his own initiative without any compelling reason.
and the obligation to pay the wages of the worker does not cease. However, in this case, the employer
does not have to pay fringe benefits such as premiums, travel and meals related to being present/actually working.
we are of the opinion.
In case of temporary closure of the workplace, the obligation to pay wages arising from the law continues.
In this case, the employee’s consent is not required.
ii. The Employer’s Mandatory Closure of the Workplace Pursuant to a Public Decision
Pursuant to Article 40 of the Labor Law No. 4857, for more than 1 (one) week,
the occurrence of compelling reasons that cause the workers to stop working or prevent the workers from working
In the event of an employment contract, the employment contract is suspended for this 1 (one) week period and the worker receives half a salary during this period.
is paid. 3
The compelling reason for the closure of workplaces due to the mandatory decision of public institutions and organizations
It is evaluated separately for each concrete event. Supreme Court established
compelling reasons in their jurisprudence, “… interruption of transportation due to natural events such as hand, snow, earthquake,
Situations such as quarantine due to an epidemic are compelling reasons.
defines it. In this context, as we have seen examples in the world due to the Corona Virus
In case of imposition of regional quarantines or curfews, the worker’s employment
40th of the Labor Law No. 4857, for a period of one week due to the
According to the article, the employer is obliged to pay half wages to the worker. Because this article is
As stated in the Supreme Court decision, for cases such as quarantine practices due to epidemics
edited.
“Those who cannot work or are not employed due to the compelling reasons indicated in subparagraphs (III) of Articles 24 and 25.
The worker is paid half wage for each day up to one week during this waiting period.”
“The reasons that prevent the worker from working must occur in the worker’s environment. The reasons arising from the workplace and preventing work are not included in this article. For example, closure of the workplace is not considered a compelling reason. However, situations such as the interruption of transportation due to natural events such as floods, snow, earthquakes, and the quarantine application due to epidemics are compelling reasons. (Court of Appeals 9.05.2016 T. 09.05.2016, E. 2016/7175, K. 2016/11446/ Supreme Court 22. HDT T. 04.02.2014, M. 2013/2499, K 2014/1389/ Supreme Court 9. HDT. 29.05. 2014, M. 2012/10932, K. 2014/17580)
According to the 3rd clause of the 25th article of the Labor Law No. 4857, the worker is not allowed to work for more than 1 (one) week.
In the event of a compelling reason, force majeure preventing him from working, the employer 1 (one)
can terminate the employment contract for just cause after the weekly period has elapsed. coercive in this provision
Why does it occur not in the workplace, but around the worker and as a result, worker defect?
cannot fulfill its debt of employment due to temporary impossibility of performance without
is taken. A situation that occurs at the workplace and requires the cessation of work for more than 1 (one) week.
Based on compelling reason, the employer cannot terminate the employment contract with just cause. In this case, for good reason
The right of termination belongs to the employee.
It should be noted that in the rightful termination made for compelling reasons, the employee’s severance pay and all related termination benefits.
must pay their debts. No notice pay is required.
However, the theater, which was decided to be closed privately as of the date of preparation of this article,
Except for some workplaces such as cinemas, performance centers, bars, gyms, Turkish baths, indoor playgrounds.
Since there is no compelling reason to prevent working throughout the country, including
that our evaluations under the title will not find application for all workplaces yet.
We would like to point out.
