Despite the dismissal ban, while the employer continued to dismiss workers on the grounds of “situations that do not comply with the rules of ethics and goodwill” known as “Code-29”, the Social Security Institution (SGK) announced yesterday that it made a new regulation on this issue and gave.
Stating that the situations that do not comply with the rules of ethics and goodwill include items such as “deliberate and continuous negligence of duty, not coming to work without an excuse” as well as “sexual harassment, swearing, theft, using drugs”, SSI states that all the different termination reasons are the same code (Code -29) and stated that his notification caused uncertainty in business life. SGK noted that by making changes in the circular, separate codes were determined for all “cases that do not comply with the rules of ethics and goodwill”.
AVERAGE 15 THOUSAND
Thus, SSI advocates that possible problems will be avoided by ensuring that different termination reasons are made with different notification codes, and also stated that there are allegations that a large number of employees were dismissed by using Code-29 before the conditions were met, in order to circumvent the dismissal ban. The SSI, declaring that the number of people fired with this code was 233 thousand 430 in 2018, 194 thousand 524 in 2019 and 176 thousand 662 in 2020, made the following emphasis: “Before the termination restriction, the reason for leaving work for an average of 17 thousand employees per month is Code-29. is reported as 15 thousand people per month, after the termination restriction. ”
It is the employer who evaluates the developments and says “The worker has stolen” and the employer says “he did not come to work”. As long as the employer’s statement is the basis, it does not matter if the name is Code 29, 30 or 50. Saying that nothing will change unless research is done, Dr. Murat Özveri, on the other hand, said that a “permission and guarantee model” should be introduced for a solution. Devotion gave the following information about the model:
BE THE LOAD OF PROOF
“If the employer wants to dismiss the worker on the justifiable grounds of termination, he will apply to the labor court or İŞKUR and submit a document. He will get permission from there. Of course, the court and İŞKUR will not be satisfied with the documents submitted to them. Are the allegations true or not, they will also investigate. In addition, the employer will deposit the severance and notice pay of the worker as a guarantee. The collateral will remain there until the lawsuit filed by the worker is concluded. If the worker is right, he will receive this guarantee. Even if the employer is right, it will be returned. This job will not be left to the enjoyment of the employer. It makes no sense to smash as many codes as you want as long as they are left to the enjoyment of the employer.
Özverin stated that the employer cannot easily apply to Code-29 when he has to make a deposit, and that he is still put in front of the door with only one report.