The compelling reason, according to the established jurisprudence of the Supreme Court, is circumstances that occur around the employee and prevent the employee from working by making it impossible (For example, the curfew of people over 65, employees in quarantine, etc.).
Currently, workplaces such as theatre, cinema, show centers, bars, sports halls, Turkish baths, indoor playgrounds are shut down with the Ministry of Internal Affairs Circular. Therefore, there is a compelling reason for these workplaces. Our opinion is that compelling reason rules cannot be applied to workplaces that have not yet been shut down by official authorities.
In this case, Article 40 of the Turkish Labour Law No. 4857 shall be applied. Briefly, the regulation is as, "If compelling reasons occur that cause work to stop in the workplace or prevent the employees from working for more than 1 (one) week, the employment contract is suspended for this 1 (one) week and the employee is paid half salary during this period. ... ".
According to paragraph (3) of Article 25 of the Labour Law No. 4857, "the employer may terminate the employment contract for just reason in the event of a compelling reason preventing the employee from working at the workplace for more than a week." However, we believe that this article should be applied carefully by employers. Employees may apply to the jurisdiction against employers who turn this period into an opportunity, within the framework of the provisions of Articles 18, 20 and 21, claiming that the termination is not under The Turkish Labour Law. Furthermore, we would like to point out that it is possible for the employee to terminate the employment contract for a just reason, according to the 3rd paragraph of Article 24 of the Turkish Labour Law No. 4857, if there are compelling reasons for the work to stop more than a week in the workplace.
Under Articles 24/3 or 25/3 of The Turkish Labour Law, rightful termination for compelling reasons, it is necessary to pay the employee severance pay and unused annual leave. However, notice pay is not paid.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.