Termination of Employment Contracts in the State of Emergency

As is known there are some measures taken during a state of emergency. These measures/executive orders declared by the Council of Ministers assembled with the President indicate how to limit or block the fundamental rights and freedoms, how to take the measures regarding the state of emergency and what kind of authorization will be given to community service employees in this regard. However, that statute may be misunderstood under some circumstances. For instance; it is determined under the Article 11 of the Law on the State of Emergency that termination of employees may be subject to permission or it may be postponed, no more than 3 months taking into account the condition of the employer, other than the cases where there exists employee’s decision to leave, situations conflicting with morality and goodwill, medical issues, legal retirement and termination due to expiration of a fixed term contract.

However any measure indicated under the Law on State of Emergency comes into effect until it is promulgated through an executive order. In this situation, even though there is a determination the termination of contracts in the Law, there is no limitation on such issue since no executive order has been published yet.

In sum; the employer may terminate the employment contract of the employee in line with the general determinations as of now.



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