In this article we will be giving information regarding working of employees at national holidays and public holidays.
According to the Turkish Labour Code No. 4857, in order for the workers to be employed on national holidays and public holidays, their written consent must be obtained. This approval can be obtained at the beginning of each year or can be included in the employment contract. If there is such a statement in the employment contract, it means that the worker has agreed to work on national holidays and public holidays.
However, if there is no such provision in the worker’s employment contract or collective bargaining agreement, the worker is not obliged to work on national holidays and public holidays, unless a written approval has been obtained.
If the employee’s employment contract is terminated for this reason, it will be possible to receive severance pay and other receivables through litigation. Therefore, in order for the worker to be employed on the eve and feast, it is necessary to have his approval in this direction.
Calculation of the Overtime Wages in the Eid
If an employee works during the holiday, the employee shall receive both a daily wage that he is entitled to without working on the general holiday and a daily wage for his work. Therefore, he is entitled to a total of two days’ wages.
Even if workers work one hour on public holidays, they are entitled to one full day’s wages. Therefore, the worker who works during the hours when the general holiday starts is entitled to a full day’s wage, not the wages of the time worked.
Workers should pay attention to this issue and if they work on a holiday or any public holiday, they should check that the full wage of that day is paid to them. As a rule, the worker is entitled to a full day’s wage, regardless of how many hours he worked on the general holiday. If his weekly work exceeds 45 hours, he will also be entitled to overtime pay.
