WEEK HOLIDAY TAKES

Weekend is the vacation of the week, that is, the vacation within the 7-day cycle. In fact, it can also be considered as a ban on working for 7 consecutive days. It is not possible for the worker to work without leave for 7 days. It is absolutely necessary for the worker to take 1 day, that is, 24 hours of uninterrupted leave. Therefore, the weekend has nothing to do with Saturday or Sunday. To mention some examples, especially in the countryside; Let’s assume that the worker lives in a distant place and it takes a long time to arrive at the place where he works (construction, factory, etc.). In such cases, workers work 26 days and take 4 days off instead of using the weekend. Roughly, we can say that they use the week holidays collectively. Although this practice seems to be basically an equalization, the week holiday cannot be compensated. Although the previous decisions of the Supreme Court of Appeals were that equalization was not possible, in the decisions made in recent years, it is now decreed that while the employer should pay 4.5 daily for 3 weeks’ vacation, it is now ordered to be paid 1.5 daily for 3 weekends, with the mention that the employer also makes payments on the days when collective leave is used. .

CALCULATION OF RECEIVABLE

The employer must employ the worker for 6 consecutive days and give 1 day off. The employer must also pay the daily wage in full for the day off. As a matter of fact, payrolls are arranged as 30 days. Weekly vacation pay; It is one and a half times the daily wage found by dividing the monthly gross wage by 30. This rule is not included in the law. This calculation has developed with the applications of the Supreme Court. The Supreme Court approaches the issue as follows; Anyone who works 6 days a week has already completed 45 hours. For this reason, the 7th day that the worker works should actually be included in the overtime agency. For this reason, the week holiday is calculated as 1.5 days. In some cases, we see that the employer calls the worker to work for only 10 minutes or for a few hours during the weekend. In such a case, the worker must be paid one and a half times his daily wage. In other words, it does not matter how long the worker goes to work during the weekend. Even if the worker does not work for 45 hours that week, it is calculated as one and a half days. If the worker has worked more than 10 hours during the weekend, 1.5 daily wages must be paid for his work up to 7.5 hours. The remainder should be included in the overtime wage calculation.

PROOFING THE CREDIT

It must be proved by the claimant worker that the work was done during the weekend. The main thing is not to work during the weekend. The worker is obliged to prove his claim. If it is not with a written document, the worker can also prove that he will take a week’s vacation with a witness. If the payrolls are signed and we assume that he will receive 1 week holiday pay, it is no longer possible to prove with a witness. The statute of limitations is 5 years from the date on which the weekly vacation receivable is due. If the weekly vacation receivable is not paid at the end of that month, it will be due and will be subject to enforcement proceedings or a debt lawsuit.