Regulation on short-time work allowance: SGK will now be able to reject those applications directly
The regulation governing the short-time work and short-time work allowance practice, which applies when an employer temporarily reduces weekly working hours at a workplace due to compelling reasons such as general economic, sectoral, or regional crises, or general pandemics, has been revised. From now on, applications made for workplaces not directly affected by disasters will be rejected directly.
The Regulation on the Procedures and Principles Regarding Short-Time Work and Short-Time Work Allowance, prepared by the Ministry of Labor and Social Security, has been published in the Official Gazette.
The regulation does not make any changes to the short-time work period, which is limited to 3 months. In cases where an employer submits multiple short-time work requests for the same reason on different dates, the 3-month period will be calculated starting from the start date of the short-time work associated with the first request.
According to the report on NTV, provided that it remains within the determined short-time work period, the start date of short-time work applied by the employer for each insured employee may differ. The short-time work period subject to the application cannot be less than 4 weeks for the workplace.
During the short-time work application, regarding the workplace, the short-time work period applied in the workplace or a section of the workplace cannot be less than 1/3 of the weekly normal working hours of the workplace. Regarding the insured employee, the short-time work period of the employee subject to the short-time work practice may be determined to be less than 1/3, provided that it is not zero.
The regulation also clarified the conditions for qualifying for the allowance. In order for an insured employee to benefit from the short-time work allowance, the employer's short-time work request must be deemed appropriate, and the employee must have been subject to an employment contract for the last 120 days prior to the start date of the short-time work, and must have worked as an insured employee and paid unemployment insurance premiums for at least 450 days in the last 3 years.
The wages and short-time work allowance amount regarding the non-worked weekly holidays, national holidays, and general holidays of the insured employee subject to the short-time work practice will be paid by the employer and İŞKUR in proportion to the duration of the short-time work.
In the previous practice, the provision stating that the short-time work allowance could not be seized, transferred, or assigned to anyone else, except for alimony debts, was amended to read: "it cannot be subject to any tax or deduction, except for stamp duty, and more than one-tenth of it cannot be seized, transferred, or assigned to anyone else, except for alimony debts."
News Source: 12punto
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