Compensatory Working Under COVID-19 Measures

G+
Gun + Partners

Contributor

Gün + Partners is a full-service institutional law firm with a strategic international vision, providing transactional, advisory and dispute resolution services since 1986. The Firm is based in Istanbul, with working offices Ankara and Izmir. The Firm advises in life sciences, energy, construction & real estate, technology, media and telecoms, automotive, FMCG, chemicals and the defence industries.”
The COVID-19 outbreak, which was declared a pandemic by the World Health Organisation on 11 March 2020, the date on which the first case in Turkey was discovered, has inevitably had a...
Turkey Coronavirus (COVID-19)

The COVID-19 outbreak, which was declared a pandemic by the World Health Organisation on 11 March 2020, the date on which the first case in Turkey was discovered, has inevitably had a significant impact on economic life. The measures taken to minimise this impact eventually resulted in labour law having to be restructured according to the pandemic's circumstances. In this respect, the duration of compensatory working, which is stipulated under the Labour Act, has been increased.

Compensatory working

Pursuant to Article 64 of the Labour Act, employers can impose compensatory working for unworked periods within two months (such work does not qualify as overtime) if:

  • work is stopped for compulsory reasons;
  • the workplace is closed before or after national and general holidays;
  • an employee's normal working hours have been significantly decreased;
  • the workplace is closed completely; or
  • an employee is granted leave on request.

However, pursuant to Law 7226 on Amendment of Certain Laws, published in the repeated Official Gazette on 26 March 2020 (Number 31080), employers can impose compensatory working within four months instead of two months. Further, the president can now increase this term up to two times.

Under Article 64 of the Labour Law, compensatory working cannot be imposed on holidays and cannot exceed three hours per day, as long as this is not more than the daily maximum working hours.

In a 17 March 2008 decision (2007/27667 E and 2008/5298 K), the Ninth Civil Chamber of the Court of Cassation ruled that the termination of an employee who abstained from compensatory working of more than three hours per day, which was imposed on a Saturday at a workplace where Saturday is allocated as a contractual holiday, is not qualified to rely on a just or valid reason. Therefore, compensatory working cannot be imposed on Saturday for employees who do not work on Saturdays.

Comment

Pursuant to the measures taken to reduce the impact of the COVID-19 pandemic on the economy and businesses, the duration of compensatory working has been increased from two months to four months. As such, employers can impose compensatory working for the unworked periods within four months, once the impact of the current extraordinary circumstances on businesses is reduced and activities return to normal. Employees' consent need not be sought in order to implement compensatory working.

Originally published by ILO - Employment & Benefits Newsletter, on the 20th of May, 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More