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Turkish Social Security Institution amends exit codes

Turkiye
29/06/2021
Available languages: TR
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On 8 April 2021, the Social Security Institution (“SSI”) announced that it has amended the exit codes used by employers to notify dismissals (“Announcement”).

Accordingly, distinct exit codes are now to be used for notifications of dismissals for non-compliance with moral and goodwill principles, which were previously combined under the same exit code “Code-29”.

The reason for this amendment was the uncertainty caused when using the same exit code for different type of actions resulting in dismissals.

Background

As indicated in this previous Law-Now article, a ban on terminating employment contracts has been in force since 17 April 2020. This prohibition applies in all circumstances except for non-compliance with moral and goodwill principles.

Main Article

Non-compliance with moral and goodwill principles (which are exempt from the dismissal ban) as a reason for dismissal involves actions such as sexual harassment, swearing, theft, drug abuse, etc. alongside actions like intentional negligence, and unexcused leave from work. The “Code-29” was used for the notification of dismissals based on all actions falling under “non-compliance with moral and goodwill principles”.

In the Announcement on the amendment, the SSI emphasised that using “Code-29” for various dismissal reasons significantly different from each other causes uncertainty for businesses. As a result, the SSI communiqué has been amended so that all cases that are considered “non-compliance with moral and goodwill principles” will have to be specified as a separate code in a notification. Consequently, in case of dismissal due to non-compliance with moral and goodwill principles, the code to be indicated on the notification to SSI will be determined by the specific action leading to the dismissal.

For more information on the dismissal prohibition, contact your CMS partner or local CMS experts: Dr. Döne Yalçın or Sinan Abra.

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