In business life, it may be possible to work below normal working hours due to unforeseen circumstances or when required by the workflow. In such cases, employers may request employees to perform compensatory work.
So, what is compensatory work? When can it be done? What are the conditions and limits? In this blog post, we will examine in detail all the curious things about compensation work.
What is Compensatory Work?
Compensatory work is the work done to compensate for the missing time in cases where the employee works less than the normal working hours. According to Article 64 of the Labor Law, compensatory work may be carried out in cases where work is stopped due to compulsory reasons or the workplace is closed before or after national and general holidays.
When Can Compensatory Work Be Done?
Work Stoppage Due to Forced Reasons: Compensatory work can be done in case of work stoppage in cases such as natural disasters, strikes, lockouts, machine malfunctions.
National Holidays and Public Holidays: Compensatory work can also be done in case the workplace is closed before or after national holidays and public holidays.
Other Situations: Other situations in which compensatory work can be performed may also be determined by the employment contract or collective bargaining agreement.
What are the Conditions of Compensatory Work?
Mandatory Reason: For compensatory work, the work stoppage or vacation must be based on a compelling reason.
Employer’s Request: Compensatory work can be done at the employer’s request. The worker cannot be forced to do compensatory work.
Appropriate Time: Compensatory work should be done in a way that does not violate the worker’s rights to daily rest and vacation.
Overtime Limit: Compensatory work is not considered overtime or working for extra periods. However, compensation work can be done for a maximum of 3 hours per day, provided that the maximum daily working hours are not exceeded.
Wage: Work performed for compensatory work is paid in the same way as work performed during normal working hours.
What are the Limits of Compensatory Work?
Working on Holidays: Compensatory work cannot be done on holidays.
Exceeding Daily Working Time: Compensatory work should be done in a way that does not exceed the maximum daily working time. Since legally a worker can work a maximum of 11 hours a day, the duration of compensatory work can be a maximum of 3 hours.
4 Month Limit: Compensatory work must be carried out within 4 months following the disappearance of the compelling reason requiring compensatory work and the start of the normal operating period of the workplace.
