Turkish Labor Law
What happens if the short term work allowance is overpaid?
It is expected to have audits on short term work allowance payments in the near future. During these audits, if overpayments are found, there will be further reviews on the source of the mistakes. If it is the employer who submitted wrongful information or documents, the employer will have to pay the amount overpaid with interest to the SSI.
If the mistake is made by the worker, the amount overpaid plus the interest will be paid back by the employee himself to the SSI. The legal framework for this overpayment is based on the Article 7 of “Regulation on Short Work and Short Work Allowance”.
Attention to those…
People in military service and retirees cannot benefit from short term work allowance. If a worker is recruited for military service while receiving a short term work allowance or a worker starts receiving retirement pension then, they should immediately report it to ISKUR. If the worker fails to inform İŞKUR about the change in military or retirement status and continues to receive a short-time work allowance, the allowance payments after that date will be taken back with interest.
An employer benefitting from the short term work allowance will have to notify İŞKUR within 6 working days if the business activities return to normal.
If the employer does not notify the collective bargaining agreement to the trade union (if any) and İŞKUR, if the work is done during the unworked hours reported to İŞKUR, or if the employer does not notify ISKUR about the changes to the working hours it has made, all payments made will be collected from the employer as of the date of overpayment.
