The Labor Law guarantees the right of workers to uninterrupted 24-hour rest during the weekly holiday. Article 46 of the Labor Law No. 4857 grants workers the right to uninterrupted rest for at least one day (24 hours) per week. This rest period is given after the completion of the weekly working hours and the employer must not employ the worker during this period. However, if the worker is employed on a weekly holiday, the employer has additional obligations.
Legal Basis for Weekly Holiday and 50% Increased Wage
If a worker is employed on a weekly holiday, regardless of these working hours, the worker must be paid a 50% increase in wage in addition to one day’s wage. In other words, even if the worker works for only one hour on a weekly holiday, this situation is considered “weekly holiday work” and the worker is entitled to one day’s increased wage.
The purpose of this provision is to protect the worker’s right to rest. Since the violation of the 24-hour weekly rest period can negatively affect the physiological and psychological health of the employee, the legislator has imposed additional financial obligations on the employer in order to compensate for this violation. Paying the employee a 50% increased wage is one of these obligations.
Court of Cassation Decisions and Practice
According to the established precedents of the Court of Cassation, if the employee is employed on a weekly holiday, the employee’s wage should be paid with a 50% increase for one day, regardless of the duration of the work. What is important here is not the duration of the work, but the fact that the employee is employed on a weekly holiday. Even if it is one hour of work, the law requires the employee to be paid a full day’s wage with an increased wage. This situation requires the employer to be careful when employing the employee on a weekly holiday.
Conclusion
The right of employees to a 24-hour rest period on a weekly holiday is a fundamental right protected in terms of labor law. Employing the employee on a weekly holiday requires the employee to be paid a 50% increased wage, regardless of the duration. This is a regulation introduced to protect the employee’s right to rest, and if the employer violates this rule, the employee will both lose their rights and the employer will face legal liabilities. Therefore, it is of great importance for employers to be meticulous about working on weekly holidays and to fully recognize the employee’s rights.
