The Covid-19 pandemic has significantly affected all areas of our lives, including the business world. This has also raised some complex questions in the relations between employees and employers. In particular, the rights and obligations regarding termination of the employment contract due to Covid-19 continue to be a matter of curiosity.
In this blog post, we will examine the relationship between Covid-19 and employment contract termination in detail. We will provide information about what both workers and employers should pay attention to in this process.
Covid-19 and Termination of Employment Contract:
Covid-19 is not accepted as a situation that could justify employers’ termination of employment contracts. However, this is subject to some exceptions.
Termination by Employer:
Work stoppage at the workplace: If work at the workplace has stopped completely due to Covid-19 and this situation is long enough to prevent the employer from reactivating the workplace, the employer may terminate the employment contract. In this case, the employer has the obligation to pay severance pay and notice pay.
Compelling Reason: The Covid-19 outbreak can be described as a compelling reason for the employer and employee. A compelling reason is an unforeseen and irresistible situation that relieves the parties to the employment contract from debt obligations. In this case, the employer can terminate the employment contract and does not have to pay compensation.
Health Reasons: If the worker has a long-term disability due to Covid-19 and this prevents him from working at the workplace, the employer may terminate the employment contract. In this case, the employer has the obligation to pay severance pay and notice pay.
Termination by Worker:
Unsafe Workplace: If the necessary health and safety precautions are not taken in the workplace due to Covid-19 and this puts the worker’s health at risk, the worker may terminate the employment contract for justified reason.
Non-Payment of Wage: If the employer does not pay the worker’s wage or delays it, the worker may terminate the employment contract for just cause.