TO CONTACT NOW: 0 541 485 92 48

NON-TERMINATION WORK RECEIVABLES

Weekly Holiday Fee

Labor Law Article 46 – In workplaces covered by this Law, workers are given at least twenty-four hours of uninterrupted rest (week vacation) within a seven-day period, provided that they have worked on the working days determined in accordance with Article 63 before the holiday. For the non-worked weekday, the employer pays the wage of that day in full, without any compensation for work.

By law, workers have the right to rest for at least 24 hours (1 day) within a 7-day period of the week, that is, a week holiday. The worker will receive the wages of the week’s rest he/she spends, even if he/she does not work. This wage is a wage that must be paid even if the worker is not working. However, if the worker also works during the week holidays (that is, if he works 7 days a week), he should be paid one day as the week holiday wage he deserves without working, and since this work is considered as overtime, plus one and a half days, a total of 2.5 days must be paid.

The proof of the work done during the weekend is on the worker, and the proof of the payment of the work is on the employer.

TIMEOUT ON WEEK HOLIDAY FEES

Weekly vacation pay is legally receivable and is subject to a 5-year statute of limitations as well as remuneration. This period starts to run from the date the fee receivable is born.

Part-Time – Full-Time Distinction

In Article 13 of the Law;“A worker employed with a part-time employment contract cannot be treated differently from a full-time comparable worker simply because the employment contract is part-term, unless there is a reason justifying the discrimination. The divisible benefits of a part-time worker in terms of wages and money are paid in proportion to the time he works compared to the full-time equivalent worker. says. As it can be seen, the legislator prohibits making any distinction between full-time workers and part-time workers just because the employment contract is different. In this respect, hourly wages, premiums, bonuses, etc., can be made between employees with full-time employment contracts and part-time employment contracts. There is no discrimination in terms of rights. Because, in terms of divisible benefits related to wage and money, a payment should be made between the employees in proportion to the time they worked. For example, if a full-time employee working 45 hours a week receives 90 liras of clothing allowance per month, a part-time employee working 15 hours a week at the same workplace will receive 30 liras of clothing allowance. Part-time workers will benefit from benefits such as premiums, bonuses, holiday allowances, fuel or food aid in proportion to the time they work.

Part-Time Employment Contract-Full-Time Employment Contract in Terms of Weekly Holiday

In Article 5 of the Labor Law No. 4857; Employees who are employed with a part-time employment contract cannot be subjected to a different treatment unless there is a fundamental reason justifying the discrimination compared to the full-time equivalent worker, since the only employment contract is part-term. According to the precedent worker working with a full-time employment contract, it is stipulated that it should be paid in proportion to the time worked.

 

The most basic point that distinguishes part-time employment contracts from full-time employment contracts is that the weekly normal working period is determined significantly less than the full-time equivalent worker; The realization conditions of the part-time employment contract can be grouped into three items: the weekly working period includes working for less than the full-time employment contract, the reduction in the working time is based on the contract, and the part-time work is regular and continuous.

Weekend in Article 46 of the Labor Law; “In workplaces covered by this Law, workers are given at least twenty-four hours of uninterrupted rest (week vacation) within a seven-day period, provided that they have worked on the workdays determined in accordance with Article 63 before the holiday. For the non-worked weekday, the employer pays the wage of that day in full, without any work. formatted.

In Article 63 of the aforementioned Law, working hours are; “Generally speaking, the working time is a maximum of forty-five hours a week.” formatted.

Although an upper limit of 45 hours has been set for the weekly working time in the regulation regarding the weekend, the lower limit has not been set. The law does not contain a provision that the worker must complete 45 hours of work per week in order to be entitled to a week’s vacation and wages. The condition of working on the working days before the week holiday was deemed sufficient, and the regulation in the Labor Law No. 1475 regarding the necessity of working in accordance with the daily working hours for 6 working days of the week before the holiday in order to be entitled to the weekly holiday wage is included in the Labor Law No. 4857. not included.

4857/5. It is stipulated in the article that a worker working with a part-time employment contract cannot be subjected to a different treatment compared to a peer working with a full-time employment contract.

4857/45. In its article, it is clearly regulated that provisions contrary to the rights granted to the workers during the week holidays, national holidays and general holidays, paid leave and the rights of the workers working with the percentage method, which are recognized by this Law, cannot be placed in the collective bargaining agreement or employment contracts. In the same direction 4857/46. In the justification of the article; It is stated that “As the way to be flexible in working periods with contracts is opened with Article 63 of this Law, the principle of giving at least 24 hours of rest (week vacation) within a 7-day period has been accepted, regardless of whether the week holiday is necessarily 6 working days…”. As it can be understood, the part-time employment contract is a regulation that the Law protects with the prohibition of discrimination against the full-time employment contract.

TO CONTACT NOW0 541 485 92 48