Short-time Working Practice of İŞKUR

January 30, 2024by Bünyamin Esen0

In cases where the weekly working hours a workplace are temporarily reduced by at least one third due to general economic, sectoral or regional crisis, or force majeure, or if the activity at the workplace is stopped completely or partially for at least four weeks without requiring continuity, income support will be provided to the insured for the period during which they cannot work at the workplace for a period not exceeding three months. This is one of the employment support policies of the Turkish Labour Agency (İŞKUR).

 

The Definition of “General Economic Crisis” in terms of short-time working practice

These are situations in which events occurring in the national or international economy seriously affect and shake the country’s economy and therefore the workplace.

 

The Definition of “Regional Crisis” in terms of short-time working practice

These are situations where businesses operating in a certain province or region are seriously affected and shaken economically due to national or international events.

 

The Definition of “Sectoral Crisis” in terms of short-time working practice

These are situations in which sectors directly affected by events in the national or international economy and workplaces in other sectors related to them are seriously shaken.

The Definition of “Compelling Reasons” in terms of short-time working practice

Periodic situations arising from external effects that are not caused by the employer’s own management and fauly, cannot be predicted in advance, and which cannot be eliminated as a result, resulting in a temporary reduction of working hours or a complete or partial cessation of the activity. This item includes situations such as earthquakes, fire, floods, landslides, and epidemics.

Within the Scope of Short Work the following services are being provided to employees:

  • Payment of short-time working allowance to workers,
  • Payment of General Health Insurance premiums of the workers.

 

In order to implement short-time working in the workplace the following conditions must be met:

It is necessary to apply to İŞKUR stating that the working time at the workplace has significantly decreased or stopped due to general economic, sectoral, regional crisis or compelling reasons, and as a result of the compliance determination made by the Labor Inspectors, it must be determined that the workplace is affected by these situations.

 

In order for the worker to benefit from short-time working allowance:

If the employer’s short-time work request is found to be appropriate as a result of the examination by labor inspectors (For short-time working applications made by employers due to Covid-19, short-time working payments are made in line with the employers’ declaration, without waiting for the eligibility determination to be completed. Excessive and inappropriate payments, made due to the employer providing incorrect information and documents, is collected from the employer together with legal interest).

The worker who is subject to short-time working must have met the working hours and premium payment conditions on the date when short-time working started (for short-time working applications made due to the effect of Covid-19, he/she must have paid 450 days of premium in the last 3 years, and has to be subjected service contract within the last 60 days),

The worker’s information should be included in the list of those who will participate in short-time work as a result of the examination by labor inspectors.

For those who do not qualify for short-time working allowance because they do not meet the premium payment requirement, the remaining period, if any, of their last unemployment benefit entitlement, which was previously cut off for various reasons (starting a new job, etc.), is paid as short-time working allowance, not to exceed the short-time working period.

 

Requesting Short-Time Working and Evaluation of the Request

Employers can apply for short-term work via e-Government.

Short-time work applications are made by employers on behalf of workers. Workers cannot apply for short-time working.

If the existence of compelling reasons arising from general economic, sectoral or regional crisis or periodic situations arising from external influences is claimed by the confederations of workers’ and employers’ unions or if there is a strong indication in this direction, the issue is evaluated and decided by the İŞKUR Board of Directors. A Board of Directors Decision is not required for applications made on the grounds of other compelling reasons such as earthquake, fire, flood, landslide, epidemic disease, mobilization.

If there is no decision taken by the Board of Directors regarding compelling reasons arising from general economic, sectoral or regional crisis or periodic situations arising from external influences, applications made by employers are rejected by the Institution unit.

After the compliance determination is completed as a result of the examination by labor inspectors, employer requests to change the list of workers to be applied to short-time working and/or to increase the short-time working period applied at the workplace are evaluated as new applications.

Bünyamin Esen

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