In Turkey, the short-time working request form plays a pivotal role in labor relations, serving as a formal mechanism for employers to seek government assistance during periods of economic downturn or unforeseen crises. Short-time working arrangements, also known as “kısa çalışma,” allow employers to temporarily reduce employees’ working hours and wages while mitigating the need for layoffs or permanent workforce reductions. The short-time working request form is a standardized document that employers must submit to the relevant government authorities, typically the Turkish Employment Agency (İŞKUR), to request approval for implementing short-time working measures. Understanding the intricacies of this form requires an exploration of the legal framework, administrative procedures, eligibility criteria, and implications for both employers and employees within the Turkish context.
At the heart of the short-time working request form in Turkey lies the principle of preserving jobs and supporting businesses during times of economic hardship, such as economic recessions, natural disasters, or public health emergencies. Recognizing the importance of maintaining employment stability and social cohesion, Turkey has enacted legislation and implemented policies to facilitate short-time working arrangements as a means of averting layoffs and preserving the continuity of businesses. The Turkish Labor Law (Law No. 4857) and related regulations provide the legal framework for short-time working, outlining the rights and obligations of employers and employees, as well as the procedures for requesting and implementing short-time working measures.
The short-time working request form typically includes detailed information about the employer, such as company name, address, tax identification number, and contact details, as well as information about the affected employees, including their names, positions, and current working hours. Employers must also provide a justification for the short-time working request, such as a decrease in demand for goods or services, financial difficulties, or operational challenges arising from external factors beyond their control. Additionally, employers may be required to submit supporting documentation, such as financial statements, business plans, or evidence of consultation with employee representatives, to substantiate their request and demonstrate the need for short-time working measures.
Once the short-time working request form is submitted to İŞKUR or the relevant government authorities, it undergoes a review process to assess the employer’s eligibility and determine whether the request meets the criteria for approval. İŞKUR evaluates various factors, including the severity of the economic downturn, the impact on the employer’s business operations, the number of affected employees, and the feasibility of implementing short-time working measures. If the request is approved, İŞKUR issues a formal decision granting permission for the employer to implement short-time working arrangements for the specified duration and under the conditions outlined in the request.
From a legal perspective, the short-time working request form is governed by specific regulations and administrative guidelines that outline the procedures for requesting, approving, and implementing short-time working measures. These regulations establish the criteria for eligibility, the rights and obligations of employers and employees during short-time working periods, and the mechanisms for monitoring and enforcing compliance with the terms of the short-time working arrangement. Employers who fail to adhere to these legal requirements may be subject to penalties, fines, or legal action for non-compliance.
Furthermore, the short-time working request form carries broader implications for social and economic policy in Turkey, as it represents a proactive measure to mitigate the adverse effects of economic downturns and protect jobs and livelihoods. By allowing employers to reduce working hours and wages temporarily, short-time working arrangements help businesses weather temporary setbacks, maintain productivity, and retain skilled workers. This, in turn, contributes to economic stability, social cohesion, and resilience in the face of external shocks and uncertainties. Moreover, short-time working measures can help stimulate consumer demand and support overall economic recovery by preserving purchasing power and consumer confidence among affected employees.
In conclusion, the short-time working request form in Turkey represents a vital tool for employers to navigate economic challenges and preserve jobs during times of uncertainty. By providing a formal mechanism for requesting government assistance and implementing short-time working measures, the form helps businesses maintain operational continuity, protect the livelihoods of employees, and contribute to broader economic stability and resilience. Through effective implementation and adherence to legal requirements, the short-time working request form serves as a cornerstone of labor policy in Turkey, promoting employment stability, social cohesion, and economic prosperity for all.
Short-time working request form in Turkey Template
| Short Time Work Application No: (To be given by IŞKUR) |
| 1 | Employer | ||||
| 2 | Field of Activity of the Workplace | ||||
| 3 | Workplace Address | ||||
| 4 | İŞKUR Workplace Number (Available from İŞKUR units) | ||||
| 5 | Social Security Institution Workplace Registration Number | ||||
| 6 | Date of Start and End of the Short-time working | Start Date: End Date: | |||
| 7 | Reason for Application (put X in the relevant box) | Compelling Reason Arising from External Influences Foreign Exchange Effect Covid-19 Effect | Other Compelling Reason (Erthquake, fire, flood, etc.) | ||
| 8 | If a Collective Labour Agreement is signed | Name of the Union Period | |||
| 9 | Total Number of Workers Employed at the Workplace on the Application Date | Female | Male | Total | |
| 10 | Number of Workers for Short-Term Working | Female | Male | Total | |
| 11 | The method by which short-time working will be applied (put X in the relevant box) | Reduction of Weekly Working Hours in the Whole Workplace Partially Reduction of Weekly Working Hours in the Workplace | Suspension of activity in the entire workplace Partially Suspension of activity in the workplace | ||
| 12 | Whether short-time working has been applied in the workplace before | YES NO | |||
| 13 | Name and Surname of the Official to be contacted on behalf of the Employer at the Workplace | Name Surname Phone Email | |||
| 14 | Contact Information of the workplace | Phone Fax | |||
| 15 | Documents to be enclosed (They must be sent/delivered at the time of application.) | 1. List of workers to be subject to short-time working 2. Documents on the determination of the suitability of short-time working *Documents showing that the working time has been reduced or the activity has been partially / completely stopped (e.g. payrolls, payroll records, documents showing that production, service and / or exports have been reduced, orders and / or contracts have been cancelled) * Other documents indicating that it is within the scope of workplaces whose activities have been suspended by the official authorities | |||
GENERAL DESCRIPTION
Article 2 of the Unemployment Insurance Law No. 4447, short-time working is a practice for the protection of employment to be applied in the event of a general economic, sectoral or regional crisis or a significant reduction or suspension of working time in the workplace due to compelling reasons. Short-time working is a payment made to workers for the period during which they cannot work. During this period, only general health insurance premiums are paid.
Within the framework of the above-mentioned explanations and the provisions of the Regulation on Short-Time Working and Short-Time Working Allowance
1. I have sent/delivered the list (Annex-1) containing information about the workers to be employed for short-time working prepared in the format determined by the Institution in the annex to this petition,
2. I will send/deliver the requested information and documents to the Ministry Labour Inspectors in order to determine the eligibility for short-time working to be applied in my workplace,
3. I will keep records of the working hours of the workers benefiting from the short-time working allowance and submit them to the authorities upon request,
4. After the eligibility determination is completed, my requests to change the list of workers to be applied short-time working and/or to increase the duration of short-time working applied in the workplace will be considered as a new application,
5. If I do not provide the requested information, documents and records within the specified period, an administrative fine will be imposed in accordance with Article 92 of Law No. 4857,
6. The employer and the Institution shall pay the amount of wages and short-time working allowance for the unworked week holidays, national holidays and general holidays of the short-time working employee in proportion to the period of short-time working,
7. The payments to be made by the Institution in short-time working practices on the grounds of compelling reasons shall start after the one-week period stipulated in Article 24, subparagraph (III) and Article 40 of the Labour Law No. 4857, and the wage for this period belongs to the employer,
8. I will not request short-time working payment above the short-time working rate notified to me as a result of the eligibility determination,
9. In case of a change in the total number of employees subject to the determination of conformity (employee entry/exit), I will notify within 10 days with the justification,
10. I will announce the result of the short-time working examination in a place visible to the workers in the workplace and, if any, notify the trade union party to the collective labour agreement, and in cases where I cannot make an announcement to the workers through announcement, I will make a written notification to the workers subject to short-time working,
11. I will notify the Institution of the start and end dates of the health report or the start and end dates of the health report of the short-time working allowance recipients in case they start to receive an old-age pension, are recruited under arms for any reason or leave their job due to the labour duty arising from any law,
12. In the event that I decide to start normal operations, I will notify the Agency unit, the trade union party to the collective labour agreement, if any, and the workers in writing six working days in advance,
13. Social Security Institution (SSI) records will be taken as basis in determining the field of activity of the workplace,
14. I will notify the SSI Monthly Premium and Service Certificate and the reason for the missing days as “18-Short Work Allowance” on behalf of the workers on short-time working,
15. I will pay the overpayments arising from my incomplete and / or incorrect notification to the institution with legal interest,
I accept and undertake.
Employer Name Surname :
Stamp and Signature :
Date :
