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Turkey - Working time - 2011


LAST UPDATE


SOURCES


Name of Act

Labour Act, Act No. 4857 of 22 May 2003. Resmi Gazete, 2003-06-10, No. 25134, pp. 1-32, as amended up to Act No. 5763, of 26 May 2007 (online version available as of 22 May 2003).
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Name of Act

Regulations pertaining to working time which cannot be divided into weekly working days, issued by the Ministry of Labour and Social Security on 2004, Official Gazette of 06 February 2004.
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Name of Act

Regulations on overtime and extra hours pursuant to the Labour Act, issued by the Ministry of Labour and Social Security on 2004, Official Gazette of 06 April 2004.
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LEGAL DEFINITIONS


Working time/working hours

"Working time" shall mean the total time worked in the course of a work period.
Regulations pertaining to working time 2004 Art.3

Employee/worker

"Worker" shall mean any person working under an employment contract.
Labour Act Art.2

Employer

"Employer" shall mean any real or corporate person or agencies and organizations not having corporate personality employing workers.
Labour Act Art.2

Overtime/overtime work

"Overtime" shall mean hours that are worked over and above the 45-hour working week laid down in the Labour Act.
In cases where the weekly working time laid down in a labour agreement is shorter than 45 hours, "extra hours" shall mean any hours that are worked over and above that weekly working time up to 45 hours.
Regulations on overtime and extra hours Art.3

Part-time work(er)

Part-time work shall mean the regular work which is performed along a working week considerably shorter in relation to an employee working full-time and who performs equivalent work.
Labour Act Art.13

Night work(er)

Night work is a period starting at the latest 8 p.m. and ending at the earliest 6 a.m, and lasting for a maximum of 11 hours.
Labour Act Art.69

On-call work

"On-call work" shall mean the part time work by which the worker undertakes to perform the action of working when required according to his/her labour contract. This labour relation shall be agreed through a written contract.
Labour Act Art.14

Young worker

Young workers shall mean those workers who are between 15 and 18 years old.
However, children who have completed the full age of fourteen and their primary education may be employed on light works that will not hinder their physical, mental and moral development, and for those who continue their education, in jobs that will not prevent their school attendance.
Labour Act Art.71

NORMAL HOURS LIMITS


Daily hours limit


General limit

The working day shall be deemed to involve 7,5 hours of work. However daily working hours may vary, on agreement of the parties, provided they do not exceed 11 hours.
Labour Act Art.63
Regulations pertaining to working time 2004 Art.5
Historical data (year indicates year of data collection)
  • 2009: Daily working hours may vary, on agreement of the parties, provided they do not exceed 11 hours.
  • 2007: 8 hours

Exceptions

Where time worked has been considerably lower than the normal working time or where operations are stopped entirely for reasons of suspending work due to force majeure, the employer may call upon compensatory work within two months in order to compensate for the time loss, provided that is does not exceed 3 hours daily. This time is not considered overtime work.
Labour Act Art.64

Special categories


» Night work

Night time work shall not exceed 7.5 hours per day.
Labour Act Art.69

» Young workers

The daily hours limit is set in 7 hours for children who have completed their basic education and no longer attend school and in 2 hours for children attending school during the education period, outside their training hours.
Labour Act Art.71, 72

» Domestic work

The provisions of the Labour Act do not apply to domestic workers.
Labour Act Art.4

Weekly hours limit


General limit

Weekly working time shall not exceed 45 hours.
Labour Act Art.63
Historical data (year indicates year of data collection)
  • 2009: 45 hours.
  • 2007: 45 hours
  • 1995: 45 hours.

Exceptions

If varying daily working hours are agreed between the parties, the average weekly hours may not exceed 45 hours over a two month period, and working time on any day must not exceed 11 hours. This period can be increased by up to 4 months by collective agreement.
If the worker’s working hours are not fixed, weekly working hours are considered to be fixed at 20 hours. The employee is entitled to wages irrespective of whether or not he or she is engaged in work during this period.
The provisions on the weekly limit do not apply to employees who are engaged in preparatory, complementary and cleaning operations generally carried out before and after normal working hours.
Labour Act Art.14, 63, 70

Special categories


» Young workers

The weekly hours limit is set in 35 hours for children who have completed their basic education and no longer attend school, as well as school attending children during school holidays. This limit can be increased up to 40 hours weekly.
10 hours for school attending children during the education period.
Labour Act Art.71, 72

» Domestic work

The provisions of the Labour Act do not apply to domestic workers.
Labour Act Art.4

OVERTIME WORK


Criteria for overtime


General

"Overtime" shall mean hours that are worked over and above the 45-hour working week laid down in the Labour Act.
In cases where the weekly working time laid down in a labour agreement is shorter than 45 hours, "extra hours" shall mean any hours that are worked over and above that weekly working time up to 45 hours.

Overtime work may be performed for purposes such as the country`s interest, the nature of the operation or the need to increase output.
Compulsory overtime may be required in case of a breakdown (actual or threatened) or in the case of urgent work to be performed on machinery, tools or equipment or in the case of force majeure. Overtime work may be ordered by the Council of Ministers in emergency situations.
Labour Act Art.41, 42, 43

Worker`s influence

The employee`s consent shall be required for overtime work, with the exception of compulsory overtime.
Labour Act Art.41

Limits on overtime hours


General limits

The total amount of overtime worked shall not exceed 270 in one year. This time limit relates to the workers in person rather than the workplace or the types of work carried out.
In the calculation of the hours worked as overtime or extra hours, periods of less than half an hour shall count as half an hour, and periods of over half an hour shall count as one hour.
Labour Act Art.41
Regulations on overtime and extra hours Art.5
Historical data (year indicates year of data collection)
  • 2009: Total overtime work shall not exceed 270 hours per year.
  • 2007: 270 hours per year
  • 1995: 3 hours a day and 90 days a year.

Compensation for overtime work


Overtime rate(s)

The wage to be paid for every hour of overtime shall be 150% of the normal hourly wage. The wage to be paid for every extra hour worked shall be 125% of the normal hourly wage.
Labour Act Art.41
Regulations on overtime and extra hours Art.4
Historical data (year indicates year of data collection)
  • 2009: 150% of the normal hourly rate.
  • 2007: 50% increase
  • 1995: 50% premium (100% for work on public holidays)

Compensatory rest

An employee working overtime or extra hours may, if he/she wishes and on condition that he/she applies to his/her employer in writing, take one and a half hours of compensatory rest for every hour of overtime worked or one and a quarter hours of compensatory rest for every extra hour worked, in lieu of extra wages.
The worker shall use the free time to which he/she is entitled within 6 months on successive working days without any wage reduction on dates which the employer specifies as suitable from the point of view of the requirements of the work or place of work involved, provided that he/she informs the employer beforehand in writing. Free time shall not be taken on holidays or days of leave that are due to a worker pursuant to the Labour Act or labour agreements.
Labour Act Art.41
Regulations on overtime and extra hours Art.6

Notice of requirement to work overtime


General provisions

In order to request the worker the performance of overtime or extra hours, the employer must obtain his/her consent in writing. Such consent shall not be required in cases of necessity or exceptional circumstances.

Employers who need the performance of overtime work shall obtain consent from the workers in writing at the beginning of each year and shall conserve it in the workers’ respective personnel files.
Regulations on overtime and extra hours Art.9

Exceptions

The necessary consent of the worker for the performance of overtime work shall not be required in cases of necessity or exceptional circumstances.
Regulations on overtime and extra hours Art.9

Special categories

The performance of overtime work is prohibited for work that is performed underground or underwater, such as mining, cable installation work or mains and sewage system or tunnel construction work.
Regulations on overtime and extra hours Art.7c)

Domestic work

The provisions of the Labour Act do not apply to domestic workers.
Labour Act Art.4

Night work

The performance of overtime work is prohibited in the interval between 8 pm and 6 am which is deemed to be night work. However, nothing in this Regulations prevent from the performance of overtime work which falls in night time hours as a continuation of the daytime work.
Labour Act Art.69
Regulations on overtime and extra hours Art.7b)

Young workers

The performance of overtime work is prohibited for workers under 18 years old.
Regulations on overtime and extra hours Art.8a)

SCHEDULES


General

Working hours are to be divided equally among the days of the week.
The beginning and ending of the daily working time and rest breaks shall be announced to workers at the establishment.
Labour Act Art.63, 67

Exceptions

Working hours can be distributed unevenly among the days of the week, with the agreement of the parties, provided daily working time does not exceed 11 hours. The average weekly hours over a 2 month reference period must not exceed the 45 hour limit.
Labour Act Art.63

REST PERIODS


Rest breaks


General provisions

Employees shall be entitled to a rest break of
- 15 minutes for work lasting 4 hours or less;
- 30 minutes for work lasting from 4 to 7,5 hours; and
- 1 hours for works exceeding 7,5 hours.
Such breaks are the minimum, and applied uninterruptedly.
Labour Act Art.68
Historical data (year indicates year of data collection)
  • 2009: Employees shall be allowed a rest break of -15 minutes for work of 4 hours or less - 30 minutes for work from 4 to 7,5 hours - 1 hours for working time exceeding 7,5 hours
  • 2007: Employees shall be allowed an uninterrupted rest break at some time during the working day with due regard to the customs of the area and to the requirements of the work in the following manner: 15 minutes, with shifts 4 hours or less; half hour, when work last longer than 4 hours and up to 7.5; 1 hour, when the work last more than 7.5 hours.
  • 1995: 15 minutes for not more than 4 hours of work; 30 minutes for work more than 4 but less than 7,5 hours; 1 hours thereafter.

Exceptions

The provisions on rest breaks shall not apply to employees who are engaged in preparatory, complementary and cleaning operations generally carried out at an establishment before and after normal working hours.
Labour Act Art.70

Special categories


» Domestic work

The provisions of the Labour Act do not apply to domestic workers.
Labour Act Art.4

Daily rest periods


Duration

Within a period of 24 hours, workers shall not be required to work continuously without a rest period of at least 11 hours.
Regulations pertaining to working time 2004 Art.8
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on daily rest.)
  • 2007: 24 hours.
  • 1995: No legal provision.

Special categories


» Shift work

Shift workers shall be entitled a daily rest of 11 consecutive hours before changing shifts from daytime to night time appointments or viceversa.
Labour Act Art.69

Weekly rest periods


Duration


» General

Workers shall be entitled to a paid weekly rest of at least 24 hours each 7 day period, on the condition they have performed the completed weekly working period.
Labour Act Art.46
Historical data (year indicates year of data collection)
  • 2009: 24 hours each 7 day period.
  • 2007: Employees are allowed to take a rest for a minimum of 24 hours without interruption within a seven-day time period.
  • 1995: 1 day.

Day specified

Relevant provisions have been not identified.

Work on weekly rest day

Relevant provisions have been not identified.

Special categories


» Domestic workers

The provisions of the Labour Act do not apply to domestic workers.
Labour Act Art.4

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to qualify for annual leave, the worker shall have performed at least 1 year of service, including the probation period.
Labour Act Art.53

Duration


» General

The duration of the paid annual leave shall not be less than:
- 14 days for workers having performed from 1 to 5 years of service.
- 20 days for workers having performed from 6 to 14 years of service.
- 26 days for workers having performed above 15 years of service.
Labour Act Art.53
Historical data (year indicates year of data collection)
  • 2009: 14 days (1-5 years of service) 20 days (6-14 years of service) 26 days (above 15 years of service)
  • 2007: 14 days if length of service is between 1 and 5 years (5 included); 20 days if it is more than 5 and less than 15; 26 days if it is 15 years and more (15 included).
  • 1995: 12 days.

» Exceptions

The provisions on annual leave do not apply to employees engaged in seasonal or other occupations which, owing to their nature, last less than one year.
Labour Act Art.53

Payment


» Amount

The amount of the holiday pay shall be calculated as follows; the daily pay in proportion to the total sum of the days the employee has worked.
The holiday pay of an employee working on an hourly basis is 7,5 times his hourly rate.
Labour Act Art.49

» Date of payment

Annual leave shall be paid prior to the beginning of the leave.
Labour Act Art.57

Schedule and splitting

The leave must be granted without interruption. However, leave periods may be divided, by mutual consent, into three parts at most, provided that one of the parts is not less than 10 days.
Labour Act Art.56

Special categories


» Young workers

Young workers shall be entitled to an annual leave period not shorter than 20 days.
Labour Act Art.53

» Domestic work

The provisions of the Labour Act do not apply to domestic workers.
Labour Act Art.4

PUBLIC HOLIDAYS


Payment

Public Holidays shall be enjoyed with full pay.
Labour Act Art.47

Work on Public Holidays


» Criteria

Collective agreements or the employment contract may foresee that work is to be done on public holiday. Otherwise, the consent of the employee is required for work on public holiday.
Labour Act Art.44

» Compensation

Workers performing work on public holidays shall be entitled to 200% of the daily wage.
Labour Act Art.44,47

EMERGENCY FAMILY LEAVE

Workers shall be given up to 3 days of family leave for weddings, and in the case of death of mother or father, spouse, brother, sister or children.
Labour Act Art.46b)

PART-TIME WORK


General provisions

Part-time work shall mean the regular work which is performed along a working week considerably shorter in relation to an employee working full-time and who performs equivalent work.
Labour Act Art.13

Right to equal treatment


Right/scope

Unless there are essential reasons for differential treatment, the employer must not make any discrimination between a full-time and a part-time employee.
A part-time workers must not be subjected to differential treatment in comparison to a comparable full-time employee solely because his contract is part-time, unless there is a justifiable cause for differential treatment.
Labour Act Art.5, 13

NIGHT WORK


Criteria for night work

Period starting at the latest 8 p.m. and ending at the earliest 6 a.m.
The employer is obliged to submit to the relevant regional directorate of labour the list of employees who shall be employed on night shifts as well as a copy of the health reports issued before the employees begin to work.
The limit does not apply to employees who are engaged in preparatory, complementary and cleaning operations generally carried out at an establishment before and after normal working hours.
Labour Act Art.69

Limits


Daily hours limit

Night time work shall not exceed 7.5 hours per day.
Labour Act Art.69

Overtime work

Night work must not exceed 11 hours in any case.
Labour Act Art.69

Schedule

If an enterprise is operated both day and night using shifts, the shifts must be arranged so as to ensure that workers are engaged on night work for not more than one week and are then engaged on day work the following week. Alternation of work on night and day shifts may also be carried out on a two-week basis. A worker may not work another shift without having a rest period of at least 11 uninterrupted hours.
Labour Act Art.69

Workers' health

Suitability of employees for night work shall be certified by a health report to be obtained before they begin work. Employees employed on night work shall be subjected by the employer to a periodic health examination at least once every two years.
Labour Act Art.69

Transfers

Where an employee presents documentary evidence that his or health has been impaired because of night work, the employer must, to the extent possible, be transferred to a suitable day job.
Labour Act Art.69

Special categories


Shift workers

Shift workers shall be entitled a daily rest of 11 consecutive hours before changing shifts from daytime to night time appointments or viceversa.
Labour Act Art.69

Young workers

Young employees under the age of eighteen must not be employed in industrial work during the night.
Labour Act Art.73

Domestic work

The provisions on night work do not apply to domestic workers.
Labour Act Art.4

SHIFT WORK


Criteria for shift work

In establishments where operations are carried on day and night by alternating shifts of employees, the alternation of shifts must be so arranged that employees are engaged on night work for not more than one week and are then engaged on day work the following week.

Alternation of work on night and day shifts may also be carried out on a two-week basis.
Labour Act Art.69

Limits


Daily hours limit

The daily hours limit for shift workers shall not exceed 11 hours, night working time shall not exceed 7,5 hours, and the daily working time of vehicle drivers holding a professional licence and a licence to drive heavy goods vehicles shall not exceed 9 hours.
Regulations pertaining to working time 2004 Art.6,10
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Daily rest period

Shift workers shall be entitled a daily rest of 11 consecutive hours before changing shifts from daytime to night time appointments or viceversa.
Labour Act Art.69

ON-CALL WORK


Criteria

"On-call work" shall mean the part time work by which the worker undertakes to perform the action of working when required according to his/her labour contract. This labour relation shall be agreed through a written contract.
Labour Act Art.14

Prohibitions and limitations

If an enterprise is operated both day and night using shifts, the shifts must be arranged so as to ensure that workers are engaged on night work for not more than one week and are then engaged on day work the following week. Alternation of work on night and day shifts may also be carried out on a two-week basis. A worker may not work another shift without having a rest period of at least 11 uninterrupted hours.
Labour Act Art.69

Limits


Daily hours limit

If the daily working time has not been decided in the contract, the employer must engage the employee in work for a minimum of four consecutive hours at each call.
Labour Act Art.14

Weekly limit

If the length of the working time has not been determined by the parties, the weekly working time is considered to have been fixed as 20 hours.
Labour Act Art.14

FLEXITIME

Relevant provision have been not identified.

CASUAL WORK


General provisions

An employment relationship under which casual work is agreed in a written contract that the work will be performed when it is required.
At least 4 days advance notice is required for each period of on-call work. The employee is entitled to wages irrespective of whether or not he or she is engaged in work during this period.
Labour Act Art.14

Normal hours limit

If the worker´s working hours are not fixed, weekly working hours are considered to be fixed at 20 hours.
Labour Act Art.14

SHORT-TIME WORK/WORK-SHARING

Relevant provision have been not identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Full-time to part-time and part-time to full-time changes are permitted when there are vacant positions matching workers’ qualifications.
Labour Act Art.13

Employer duties

The employer is obliged to take requests into consideration and to announce vacancies without delay.
Labour Act Art.13

INFORMATION & CONSULTATION


Information

Workers must be informed of the starting and finishing times of daily working time as well as rest breaks.
Labour Act Art.67

Results generated on: 28th March 2024 at 12:40:26.
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