Employment & Immigration updates


Contributed by Gün + Partners
Termination ban and unilateral unpaid leave extended once again
  • Turkey
  • 12 May 2021

In April 2020 the termination ban and unilateral unpaid leave came into force, prohibiting employers from terminating any employment contract – regardless of whether it fell within the scope of the Labour Act – for three months as of the effective date of the law. The termination ban and unilateral unpaid leave have since been extended several times, most recently until 30 June 2021.

Processing employee data in light of recent DPA and court decisions
  • Turkey
  • 14 April 2021

The Constitution protects private life and in 2016 the Data Protection Law was enacted, furthering the protection of personal data. In disputes relating to the monitoring of employees' personal data in the workplace, the courts and the Data Protection Authority (DPA) have mostly based their decisions on the constitutional provisions. This article outlines the legal grounds for data processing in the employment context and highlights recent court and DPA decisions in this respect.

New Constitutional Court ruling on employers' inspection of employees' corporate emails
  • Turkey
  • 24 February 2021

The Constitutional Court has once again considered the rights of personal data protection and the freedom of communication in an employment context following an employer's inspection of an employee's corporate email account and the termination of the employee based on the outcome of such inspection. The decision draws attention to the importance of the explicit information requirement in inspections conducted by employers and sheds light on the application of the principle of proportionality.

Termination ban, unilateral unpaid leave and short-time working allowance extended again
  • Turkey
  • 27 January 2021

Pursuant to three presidential decrees recently published in the Official Gazette, the termination ban and unilateral unpaid leave, which were due to expire by 17 January 2021, have been extended until 17 March 2021. Further, the short-time working allowance granted to workplaces which had applied until 31 December 2020 has been extended until 28 February 2021. Similarly, the application deadline for the short-time working allowance has been extended until 31 January 2021.

Changes to minimum wage, severance payments and administrative fines for 2021
  • Turkey
  • 20 January 2021

At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect. Among other changes, the monthly minimum wage rate has increased from TL2,943 (gross) to TL3,577.50 (gross).

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