Currently, the most reasonable option for our workplaces that have been completely and/or partially closed due to the Covid-19 outbreak appears as the short-time working allowance. Because, with a short-time working allowance, companies do not have to terminate the employment contracts of employees and send them for unpaid leave. Employees, although their pension contributions are not paid (general health insurance is paid) at least for now, will have a certain income guarantee higher than unemployment insurance, they can meet basic needs and do not become unemployed.
In this circular, you will be informed about the new facilities provided in the administrative phase regarding short-time working applications.
1. As the reason to apply for Covid-19, “periodic compelling reason due to external effects” will be selected.
Short-time working can be applied due to general economic, sectoral, regional crisis and compelling reasons. Turkish Employment Agency’s (İŞKUR) Board of Directors took a decision allowing short-time working applications due to the external periodic compelling reason arising from coronavirus (Covid-19). Therefore, the fourth box in the 8-Reason of the Application section of the Short Working Request Form should be checked.
2. Applications will be made to the Provincial Directorate of İŞKUR by e-mail as of 23.03.2020.
Normally, short-time working allowance applications to İŞKUR directorates are handed in personally, however for this period, the opportunity of applying with an e-mail has been brought to prevent the virus from being transmitted. It is not seen as a process that operates entirely electronically, but the delivery of documents will be handled electronically and the results of the evaluation will be forwarded to the applicants in the same way.
The announcement regarding the application process is as follows:
“The employer demanding short-time working on the grounds that he/she was adversely affected by coronavirus may apply by sending an e-mail to the registered İŞKUR unit with the list containing information about the workers to be short-worked and the Short Work Request Form together with the required proofs. It is important to attach the documents that constitute the basis for the negative impact of the coronavirus in order to complete the applications quickly without going to the workplace. If necessary, additional documents can be requested by contacting the employer. The employers will be informed that their application is received in the same way as soon as possible”.
3. Assessment and appropriate detection
Labour inspectors conduct actual compliance checks at the workplaces for a short-time working allowance decision in the existing practice. However, the following issues will be taken into consideration in the appropriateness detections to be carried out in accordance with the short-time working decision to be made due to Covid-19:
- All examinations will be carried out at the Directorate of Guidance and Inspection or Group Presidencies without going to the location, only through the relevant application documents and attachments without preparing a detection report.
- If it is recognized that there are a missing documents during the review process, the employers will be contacted immediately and the missing documents will be requested to be transferred electronically and the inspection will be completed urgently on the basis of documents.
- Documentation on whether the workplaces are within this scope will be sufficient in the compliance assessment reviews made for the workplaces that have been suspended by the Presidency, Ministries or relevant public institutions and organizations.
- The relevant documents that will reveal the situation will be sufficient for the determination of compliance assessments handled with respect to the workplaces that their activities are stopped or reduced due to the administrative decisions of the employers.
- A letter of compliance will be prepared by the Ministry’s labour inspectors regarding the detections. The concerning letter and its attachments will be sent to the provincial directorates electronically and their wet-ink signature versions will be sent later to be kept in the file of the workplaces.
- The compliance assessment process handled for workplaces that have been suspended by the Presidency, Ministries or relevant public institutions and organizations is limited to the minimum and maximum periods regulated within the law and administrative will and it should be noted that the implementation of short-time working will automatically end once that tenure has ended.
4. Other Issues
- There has not been any change in the duration and amount of short-time working allowance.
- Contrary to unpaid leave, employee consent is not sought in short-time working applications.
We recommend that all our clients who have to reduce and/or stop their activities to benefit from this opportunity for their employees, by gathering their files. Currently, the most important support from the central authority appears to be the short-time working allowance.
Please contact us for your additional information requests regarding the above issues.
In this context, we will continue to inform you in case new decisions regarding implementation are announced.