Principles of Night Shifts of Female Workers in the Turkish Labour Law

March 10, 2024by Bünyamin Esen0

The Turkish Labour Code No. 4857 have regulated the working hours and conditions of the female employees to work in night shifts. If an employer want to make a female employee to work at night shifts he/she obliges to the rules defined

Accordingly, female employees cannot work more than seven and a half hours in night shifts. However, in jobs where tourism, private security and health services are carried out, and in jobs carried out by subcontractors operating in the workplaces where these jobs are carried out, the female employee may be made to work more than seven and a half hours at night, provided that her written approval is obtained.

Transportation to the workplace

Employers of all kinds of workplaces outside the municipal borders, as well as workplace employers who have difficulty in commuting by public transportation during postal change hours, are obliged to take the female employees they will employ on night shifts from the center closest to their residence to the workplace with the appropriate vehicles they will provide.

 

Health Surveillance of Female Employees

In order for female employees to work night shifts, a medical report stating that there is no harm in working night shifts is obtained from the workplace physician on duty before starting work.

In addition, the employer ensures that employees undergo health examinations at regular intervals determined by the workplace physician, taking into account the employee’s special situation and the health and safety risks exposed to in the workplace, throughout the course of work.

 

Situation of Female Employees and their Spouses Working Night Shifts

If the husband of the female employee works in the same or a separate workplace where the work is carried out in shifts, upon the request of the female employee, night work is arranged in a way that does not coincide with the night shift where her husband works.

The request of spouses working in the same workplace to work in the same night shift is met by the employer, if possible.

 

Prohibition of Working During Pregnancy and Maternity

Female employees cannot be employed in night shifts for a period of one year, starting from the date of birth until birth, and women employees who are breastfeeding cannot be employed in night shifts for a period of one year, starting from the date of birth, without prejudice to the provisions of their own legislation.

However, for breastfeeding female employees, this period is extended for another six months if it is documented that this is necessary for the health of the mother or child, with a report obtained from the workplace physician on duty.

The work of these employees during the mentioned periods is arranged to coincide with daytime work, without prejudice to the provisions of the Regulation on the Working Conditions of Pregnant or Breastfeeding Women, Breastfeeding Rooms and Child Care Dormitories published in the Official Gazette dated 14/7/2004 and numbered 25522.

 

Obligation to Keep Documents Regarding Night Workers

Employers who want to employ female employees on night shifts keep the name lists of female employees to be employed at night in the workplace to be shown during inspections by labour inspectors.

Bünyamin Esen

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