CONSULTANCY SERVICE ABOUT SHORT TIME WORKING
As it is known, the CORONA VIRUS (COVID-19) cases, which started in China and spread rapidly in the world in a short time, threaten social health in many countries and lead to tragic deaths, have caused serious disruptions in the global economy and business life. In countries where CORONA VIRUS cases are common, social and economic activities, especially TRAINING, have significantly hesitated.
The protective measures taken by the countries have deeply affected many INDUSTRIES, especially TOURISM and AVIATION. Experts predict that these conditions will cause the global economy to slow down in the second and third quarters.
Hence, global economic growth is expected to decline to 1.8-2.2 percent, instead of the 2.5 percent projected at the beginning of the year. This rate may vary depending on the spread of the virus worldwide and the countries’ process of inactivating the virus.
In this context; In our country, a number of measures have been taken regarding the CORONA VIRUS (COVID-19). In the light of these measures taken, the Government, in accordance with Article 65 of the Law No. 4857,
“The emergence of a periodic situation arising from external effects that are not caused by the employer’s own management and administration, which cannot be predicted, which cannot be eliminated as a result, resulting in a temporary reduction of working time or a complete or partial cessation of the activity, depending on the occurrence of a “contented CHALLENGING CAUSE”, Announced that the SHORT TIME WORKING Application will be activated.
In this context; Our Consultant Staff, consisting of the Ministry of Labor, Chief Labor Inspectors, ARE PROVIDED CONSULTANCY AND GUIDANCE SERVICES TO RECEIVE SHORT TIME WORKING TO OUR BUSINESS AND BUSINESS PLACES
GENERAL INFORMATION ON SHORT TIME WORKING PAYMENT
What is Short Time Working in Practice?
In cases where the weekly working hours at the workplace are temporarily reduced by at least one-third due to general economic, sector-related, regional crisis or force majeure, or in cases where the activity in the workplace is suspended for at least four weeks in whole or in part without seeking continuity, not exceeding three months in the workplace (President of the President It is an application that provides income support to the insured for the period they cannot work.
a) What is a General Economic Crisis?
These are the situations where the events occurring in the national or international economy seriously affect and shake the country’s economy and therefore the workplace.
b) What is the Regional Crisis?
Situations where businesses operating in a particular province or region are seriously affected and shaken economically due to national or international events.
c) What is Sectoral Crisis?
Sectors directly affected by the events occurring in the national or international economy and the situations in which workplaces in other related sectors are seriously shaken.
d) What are the compelling reasons?
Periodic situations or earthquakes, fires, floods, landslides, epidemics that are not caused by the employer’s own management and administration, which are not predictable, which are not possible to be eliminated as a result, temporarily resulting in a temporary reduction of the working period or the cessation of the activity completely or partially, CORONA VIRUS (COVID-19) are situations such as mobilization.
What Services Are Provided Within the Scope of Short Time Working?
a) Paying short-time working allowance to workers,
b)Payment of General Health Insurance premiums, services are provided.
Conditions for Payment of Short Time Working Allowance
1-1 In order for Short Work to be Applied in the Workplace;
For the employer;
- a) Applying to ‘İŞKUR’ that the working time in the workplace has decreased or stopped significantly due to general economic, sector, regional crisis or compelling reasons,
- b) As a result of the conformity determination made by the Labor Inspectors, it should be determined that the workplace is affected by these situations.
1.2. For the worker to benefit from the Short Time Working allowance;
a)The employer’s request for short time working is approved as a result of the examination by the labor inspectors,
b) The employee has been entitled to unemployment benefit in terms of working hours and the number of unemployment insurance premium payment days at the start of short time working (among those who have paid unemployment insurance premium for at least 600 days in the last three years, among those who are subject to service contract for the last 120 days before the start of short time working), (Consultant’s Opinion: It is thought that the government will alleviate these conditions by ensuring that more people can benefit).
c) As a result of the examination by the labor inspectors, the employee’s information should be included in the list of those who will participate in the short study.
Making Short Time Working Request and Evaluation of the Request
Employers can apply for short work by filling in the Short Work Request Form and the list containing information about the workers to be employed for short work due to general economic, industry, regional crisis or compelling reasons, in magnetic and written media.
If the confederations of labor and employers’ unions claim the existence of compelling reasons arising from the general economic, sector, or regional crisis and periodic situations arising from external effects, or if there is a strong indication in this direction, the issue is evaluated and resolved by the Board of Directors of İŞKUR. The decision of the Board of Directors is not required for applications made for other compelling reasons for situations such as earthquake, fire, flood, landslide, epidemic, mobilization.
If there is no decision taken by the Board of Directors regarding compelling reasons arising from periodic situations arising from general economic, sector, or regional crisis and external effects, the applications by the employers are rejected by the Agency unit.
After the determination of eligibility as a result of the examination by the labor inspectors is completed, employer requests for changing the list of workers to be applied short-term work and / or increasing the short working time applied in the workplace are considered as new applications.
Notifying the Employer of the Outcome of the Short Time Working Request
İŞKUR informs the employer that the working time at the workplace has decreased or stopped significantly due to general economic, sectoral, regional crisis or compelling reasons, as a result of the eligibility determination made by Labor Inspectors.
The employer also announces the situation in a place where the workers can see it at the workplace and informs the labor union, which is a party to the collective bargaining agreement, if any.
In cases where an announcement cannot be made to the workers through announcement, a written notification is made to the workers subject to short work.
The employer whose request for short work is approved sends by updating the short work notification list within the period notified by the Institution.
Short Time Working Allowance Duration, Amount and Payment
Daily short work allowance; 60% of the daily average gross earning calculated by taking into account the earnings of the insured for the last twelve months. Short work calculated in this way
the amount of the allowance cannot exceed 150% of the gross amount of the monthly minimum wage.
TABLE: 1. SHORT TIME WORKING BENEFITS PER MONTH FOR 2020
The short-time work allowance is paid to the worker himself and on a monthly basis on the fifth of each month for the periods of non-employment. Payments are made through PTT Bank. The Minister of Family, Labor and Social Services is authorized to bring the payment date forward.
The time interval for short work within the daily, weekly or monthly working period is determined by the employer, taking into account the traditions of the workplace and the nature of the job.
Short-time work allowance is given monthly for non-working periods to complement the weekly working time applied in the workplace.
For short working periods, the SSI Monthly Premium and Service Certificate and the justification for missing days are notified as “18-Short Work Allowance” on behalf of the workers subjected to short work.
The duration of the short work allowance is up to the short working period, provided that it does not exceed three months, and the short work payments are deducted from the deserved unemployment allowance.
The President is authorized to extend the duration of the short-time work allowance up to six months and to determine whether it will be deducted from unemployment benefit.
In case of short work in the workplace for compelling reasons, the payments will start after the one-week period stipulated in the clause (III) of article 24 and article 40 of the Law numbered 4857. Within this one week period, wage and premium obligations belong to the employer.
The wages and short-time work allowance for non-working week holidays, national holidays and general holidays of the short-time worker are paid by the employer and the Institution in proportion to the duration of short-time work.
Collection of Excess or Undue Payments Under Short Work Allowance
The overpayments made due to the wrong information and documents provided by the employer are collected from the employer together with the legal interest, and the excess payments arising from the fault of the worker are collected from the employee together with the legal interest.
Premiums Paid for the Duration of Short Work Allowance
General health insurance premiums are paid for the period in which the worker receives short work allowance.
Short and long term insurance premiums are not transferred in the said period.
Early Termination of Short Time Working
If the employer decides to start his normal activity while the short-working practice continues, it is obliged to notify the Agency unit, if any, the labor union and the workers, who are party to the collective bargaining, in writing six working days in advance.
Short study ends as of the date specified in the notification. Unwarranted payments related to late notifications are collected from the employer together with their legal interest.
Withdrawal of Short Time Working Allowance
Short work allowance as of the date of the start of the health report, which is the subject of temporary incapacity allowance, in the event that those who receive short work allowance are employed, begin to receive old age pension, are recruited for any reason, leave their job due to a work duty arising from any law, or in the event of a temporary incapacity allowance. is cut.
Employer’s Obligation to Keep Records
The employer who performs short work is obliged to keep the records of the working hours of the workers and submit them if requested.
Unemployment Insurance Law No. 4447
www.iskur.gov.tr/isveren/kisa-calisma-odenegi (Access: 16/03/2020)
www.mckinsey.com/business-functions/risk/our-insights/covid-19- implications-for-business (Access: 16/03/2020)
Dr. İbrahim OĞUR
Chief Labor Inspector
Labor Law Specialist