WORKING HOURS – FORMS – DAILY AND MONTHLY WORKING HOURS
Pursuant to article 63 of Labor Law No. 4857, the normal working hours are in general maximum 45 hours a week. Unless otherwise agreed by the parties, the weekly working hours are equally divided by the days worked in a week and so applied in the workplace. In case of an agreement between the parties, the weekly normal working hours may be differently distributed to the days worked of a week, provided that is not in excess of 11 hours a day. In this case, weekly average working hours of a worker may not exceed 45 hours, the weekly normal working hours, within two months. Such adjustment period of two months may be increased up to 4 months by a collective labor agreement.
The following times are deemed as daily working hours of workers even if the worker has not worked in the workplace and done any job:
a- The time required for the workers to go down or access the mineshafts, galleries or primary working area, and then go up for a job that is done in a mine, stone quarry, or the underground or under the water in whatever form;
b-The time spent during travel when the worker is sent by the employer from the workplace to work any other place;
c- The time spent idle by the worker who is present but not working at the workplace, ready to work at any time, and waiting for the job to be assigned to him/her;
d- The time spent by the worker without doing his/her primary job because the worker is sent to somewhere else by the employer, or engaged at home or office of the employer or anywhere in connection with the employer;
e- The time allocated to workwomen who are nursing to breastfeed their child;
f- The time spent for any job requiring to collectively take and bring the workers to/from a workplace away from the residence of workers such as construction, protection, repair and modification of railways, highways and bridges, i.e., the time spent during collectively and orderly taking and bringing the workers.
The time is not included in the working hours that is spent on a vehicle during going to or returning from a workplace by the employer solely for the purpose of welfare work which is not considered nature of the job.
The beginning and ending times for daily work as well as the break time are announced to the workers at the workplace. The beginning and ending times of work may be arranged differently depending on the nature of the job. At this point, it is important to comply with daily working hours.
A rest break is arranged in an average time of daily working hours based on the local traditions and as required by such job, and can be:
a- Fifteen minutes for a job of four hours or less,
b- Half an hour for a job of more than four hours and up to (and including) seven and half of an hour,
c- One hour for a job of more than seven and half of an hour,
The rest time provided above is the minimum and continuous. However, the rest break may be used discontinuously with an agreement, considering the climate, season, local traditions and nature of the job. The rest break may be used by workers at the same or different time at the workplace. The rest break is not included in the working hours.
The “night” starts at 20.00 pm at the latest and ends at 06.00 am at the earliest, which takes 11 hours maximum, in the working life. The night shift of a worker may not exceed seven and half an hour. A medical report is obtained prior to working to certify that health condition of workers employed for night shift is suitable for working at night. The workers working at night have a periodic medical screening provided by the employer at least every two years. The cost for medical screening of workers is paid by the employer. A worker who submits a report that his/her health condition is deteriorated due to night shifts is assigned a job by the employer in the day shift, if possible, which should be suitable for his/her condition. The employer is obliged to submit a list of workers working at night and a copy of periodic medical report obtained prior to employment of such workers to the relevant regional directorate of the Ministry of Labor and Social Security. For jobs that are operated day and night and use shifts in rotation, the shifts are put in an order such that workers that work at night for a work week work in the day shift in the second following week. It may also be implemented to take turns in two weeks for the night and day shifts. A worker whose shift is to be changed may not be forced to work in the next shift without allowing him/her to take a continuous rest for minimum 11 hours. The Regulation on Specific Principles and Procedures for Jobs where Workers Work in Shifts is a detailed legal arrangement in this regard. The Regulation on Working Conditions for Workwomen Working at Night Shift is another detailed legal arrangement for women.
The employer may require a make-up work for the days not worked within two months if the work is stooped by force majeure, if the business is temporarily closed before and after national and general holidays, or if workers work significantly less than normal working hours at the workplace for similar reasons, or if the business is completely closed, or if workers take days off upon their request. Such working is not considered overtime or working for extra time. Make-up works may not be more than three hours a day, and total working hours together with make-up work may not exceed 11 hours. No make-up work is allowed on non-working days.
The short-time working occurs when the employer temporarily and substantially reduces the weekly working hours at the workplace due to general economic crisis or other acts of god, or when the operations are temporarily stopped in whole or in part. In such case, the employer must immediately notify the Turkish Employment Agency and the union, if any, that is a party to the collective labor contract with a letter specifying the reason. The Ministry of Labor and Social Security determines whether the request is appropriate. In case of temporary business interruption for minimum four weeks due to the reasons mentioned herein or in case of short-time working, the workers receive an allowance for short-time working from unemployment insurance for the days not worked. The short-term working may not exceed the time when the act of god continues and in any case three months. For a worker to be entitled to allowance for short-term working, such worker must satisfy the conditions for entitlement to the unemployment allowance in terms of working hours and the number of days when unemployment insurance premium is paid. The amount of allowance for daily short-term working equals to the amount of unemployment allowance. The premiums of sickness insurance and maternity insurance of the worker during the period when such worker has received allowance for short-term working are transferred by the Unemployment Insurance Fund to the Social Insurance Institution in proportion of 2/3. Such premiums are calculated on the lowest limit of earning used for the calculation of insurance premiums. If the worker starts working again before time to use unemployment allowance expires and loses his/her job before the conditions in the Law No. 4447 take place for using unemployment insurance, such worker receives unemployment allowance until previous unemployment allowance entitled by him/her expires after the period when he/she has received allowance for short-term working is deducted. If the worker takes a rest during when the worker is paid an allowance for short-term working, the amount of allowance for temporary incapacity may not exceed the amount of allowance for short-term working. The sickness and maternity insurance premiums referred to in this article shall not be paid during when allowance for temporary incapacity is paid.
A detailed description is provided in the Short-Term Working and Allowance for Short-Term Working, and a detailed legal arrangement is provided in the Regulation on the Short-Term Working and Allowance for Short-Term.
For jobs where it is not possible to do the job by dividing the working hours by work days of the week due to characteristics of that job such as transportation operations performed by highways, railways, and on vehicles in transit on the sea, lake and streams and not being subject to Maritime Labor Law No. 854, the working hours within a work period may not exceed the amount that is calculated by multiplying the number of weeks within such period with 45 working hours per week (i.e., the number of weeks within a an adjustment period of minimum two months and maximum six months required to do the job). Where it is not possible to exactly divide working hours by weeks, the working hours are calculated on the work days and each work day is considered 7.5 working hours. The weekly working hours within a work period may be more or less than 45 hours for the aforesaid jobs. However, the mean of working hours per work week may not exceed 45 hours in an agreed work period. Total working hours are offset not to exceed total of normal working hours through working less hours in the period after intensive work week or weeks.
The detailed legal arrangement is provided in the Regulation on the Working Hours not Divided by Weekly Work Days.
If the preparation, completion and cleaning works are carried out by the primary workers of the business in addition to their job not carried out by workers whose job is limited to doing only such works, performing such works before or after daily working hours for the primary job is subject to existence of a technical necessity or to a condition that it is unfavorable to perform such works during doing the primary job in terms of health and safety. According to the Labor Law No. 4857, in addition to daily working hours set for the primary job, the workers to perform preparation, completion and cleaning works before beginning time of such time or after ending time may work for maximum two hours more per day. It is necessary to perform preparation, completion and cleaning works by the workers in rotation at the workplace. However, if the nature of preparation, completion and cleaning works requires to perform such works by only specific and trained workers and if there is not sufficient number of qualified workers to work in rotation at the workplace, such works may always be performed by the same workers. The daily working hours at the workplace including the preparation, completion and cleaning works may not exceed 11 hours. Total of time for preparation, completion and cleaning works performed outside the daily normal working hours and the overtime may not exceed two hundred and seventy hours a year.
The number of workers to perform preparation, completion and cleaning works may not exceed
• 3 for a business with 1-15 employees,
• 4 for a business with 16-30 employees,
• 6 for a business with 31-60 employees,
• 8 for a business with 61-80 employees,
• 10 for a business with 81-100 employees,
• Ten percent of total number of employees for a business with more than 100 employees.
If performance of preparation, completion and cleaning works poses specific risks and requires specific knowledge, skills and experience, those eligible workers are chosen, considering the department and vocational training/education of such workers.
If the preparation, completion and cleaning works are performed by the workers employed solely to do such job and independently of primary workers of the business, general provisions of Law No. 4857 shall apply.
The Regulation on Preparation-Completion and Cleaning Works provides the detailed legal arrangement.
For the jobs operated by working workers in successive and continuous shifts or performed in rotating shifts as required by their characteristic, the employer or the employer’s agent is obliged to compile the number of shifts, starting and ending time of each shift, name and surname of workers working in shifts, rest break, days off in a week, and any related changes and place a notice where it is easily visible to and can be read by the workers.
a– For the jobs carried out by workers working in successive continuous shifts as required by their characteristic, the number of shifts is arranged to work minimum three work shifts within 24 hours.
b- For other jobs not included in the paragraph (a-) and carried out in work shifts, the number of work shifts within 24 hours and working hours for each shift are arranged not to exceed daily working hours described in the section “Normal Working Hours”.
c- For the jobs requiring working 7.5 hours or less for the purpose of health rules, the number of worker’s shifts and working hours for each shift are arranged nıt to exceed daily working hours described in the section “Jobs Requiring Working 7.5 Hours a Day or Less”.
d- The number of worker’s shift is arranged based on the article 6 of Law No. 79 on the Remission of National Protection Offences, Liquidation of Organization, Capital and Fund Accounts of National Protection and Creation of Certain Provisions dated 10.09.1960 and the provisions of article 43 of Labor Law No. 4857 dated 22.05.2003 concerning overtime in case of extraordinary circumstances.
For the worker’s shifts between 20.00 pm and 06.00 am at night, it is prohibited to employ minor (under 18 years) and young workers.
For jobs carried out in one shift, no reduction shall be made from the workers’ wage in any way due to reduced working hours if the number of shifts is increased to two or more or the daily working hours are less than 7.5 hours in a business with three shifts.
For the jobs performed during the day and night and carried out by workers working in rotation, the shits are arranged such that workers that work at night for a maximum work week work during the day in the second following work week, and the shifts are replaced by each other. The shifts of workers may not be changed unless it is necessary. The employer assigns a job in the day shift to a worker that documents with a report that his/her condition has deteriorated due to night shifts to the extent it is within the possibilities of the employer. Two-week rotations may also be used in the day and night shifts considering the nature and operation of the job, and occupational health and safety. A worker may not be forced to work in the shift change without allowing him/her to take a continuous rest for minimum 11 hours. This provision shall also apply to the workers whose shift is changed.
For the jobs where workers work in shifts, the workers are allowed to have a rest break. If the nature of the job does not allow to give a rest break to all the workers in the same department of a business at the same time, such rest break is given to the workers in groups one after the other starting from the middle of the working hours in accordance with principles in the Labor Law and Regulation. For the jobs carried out by workers working in shifts, it is necessary to give workers a week holiday not less than 24 hours on any days of the week in rotation.
The employer or the employer’s agent is obliged to submit a list of workers (including names and surnames) working in each shift and a copy of periodic medical report obtained prior to employment of such workers to the relevant regional directorate of the Ministry of Labor and Social Security.
The Regulation on Specific Principles and Procedures for Jobs where Workers Work in Shifts is a detailed legal arrangement in this regard.
An overworking occurs when working hours a week exceed 45 hours under the conditions set forth in the Law. Working overtime occurs when 45 working hours are exceeded where such working hours a week are agreed to be less than 45 hours under a contract, and defines working up to 45 hours. Where the principle of offsetting is used, even if the weekly average working hours of a worker exceed 45 hours in total in certain weeks provided that normal weekly working hours are not exceeded, such working shall not be considered overwork. The fee given for overwork per hour is paid by increasing the amount of standard wage per hour by 50%. The fee given for overwork per hour in case of working overtime is paid by 25% of the amount of standard wage per hour.
A worker overworking or working overtime may file an application in writing to the employer to use one hour and thirty minutes for every hour overworked and one hour and fifteen minutes for every hour worked overtime as a free time instead of increased wage for such overtime or overwork. The worker continuously uses the free time entitled by such worker within work days from the date determined by the employer in accordance with requirements of the job or business without making any deductions from his/her wage provided that such worker notifies the employer in writing in 6 months. A free time may not be used on non-work days and days off as set forth in the Labor Law and relevant contract.
The Regulation on the Overworking and Working Overtime provides the detailed legal arrangement in regard to the Labor Law.
• Pursuant to the last paragraph of article 63 of Labor Law, a job requiring working only 7.5 hours or less a day in respect of health rules,
• According to the definition in the first paragraph of article 69 of the same Law, a job that is carried out during the day that is deemed night (however, an overwork in the Regulation may be performed during the night in addition to works that are deemed a day job),
• Those works performed under the ground and water in case of mine mines, installing cables, sewerage, and construction of tunnels.
No overwork is allowed in such cases described above.
• Workers who are minor (under 18 years),
• Workers whose health condition is not suitable as certified by the report of workplace doctor or any other doctors even if they agree before or after on overworking in the labor contract or collective labor contract,
• Pregnant workers, or workers who have recently given a birth and are breastfeeding,
• Workers who have part-time labor contract,
May not be allowed to overwork.
The workers who have part-time labor contract may not be allowed to work overtime either.
It is required to obtain the worker’s consent in writing for overworking and working overtime. The consent of the worker is not required for overworking or working overtime in case of act of god or extraordinary circumstances. Such consent is obtained by the employer that requires overworking is obtained in writing from workers at the beginning of a year and maintained in the personal file.
Total of overwork times may not exceed 270 hours a year. This time limit is related to workers themselves not to businesses or jobs. In calculation of overwork or working overtime, the time less than half an hour is considered half an hour, and the time more than half an hour is considered one hour.
The employer must issue a document to indicate the workers who overwork and work overtime and the hours of overwork and overtime with a signed copy maintained in the personal file of such workers. The overwork and overtime of workers are paid together with regular wage pursuant to the articles 32 and 34 of Labor Law No. 4857. Such payment is expressly indicated in the payrolls and wage bill that must be provided to the worker pursuant to the article 37 of Labor Law.
All or part of the workers may overwork during a failure, or in case of a potential failure, or in case of urgent operations that need to be immediately performed for machines or equipment, or in case of occurrence of force majeure provided that it is not beyond the regular operation of the business. In this case, it is required to allow workers overworking to have an appropriate rest break. The wage is paid by increasing as described above for overworking due to force majeure.
If it is deemed necessary to overwork in a business that satisfies the requirements of national defense during a mobilization, the Council of Ministers may increase the daily working hours up to work power of the worker maximum depending on the type of jobs and degree of the need, provided that it is not in excess of mobilization period. The wage is paid by increasing as described above for workers that so overwork.
The Regulation on Jobs Requiring Working 7.5 Hours or less per day for Health Rules provides the detailed legal arrangement.
Prohibition to Perform Other Works:
The workers that perform the works described in articles II and II above may not be allowed to perform other works after maximum daily working hours indicated for that work.
Prohibition to Overwork:
No overwork may be allowed for the works described in articles II and II above.
Obligation for Notice:
An employer that continuously or sometimes carries out any or several of the works described in articles II and II above is obliged to notify in writing the relevant regional directorate of the Ministry of Labor and Social Security of type and nature of such works, time to perform, the number of workers employed for the aforesaid works with males and females indicated separately.