Evaluation Of Shift Work Systems In The Energy Sector From Labor Law Perspective

Introduction

The energy sector is among the sectors where the uninterrupted continuation of production, transmission, and distribution activities is essential. Since operations must continue around the clock at many workplaces, such as power plants, natural gas facilities, refineries, and energy distribution centers, shift work systems are widely implemented. In particular, the need to ensure uninterrupted energy production and the regular delivery of that energy to consumers have made the shift work system one of the sector’s fundamental operating models.

However, while the shift work system enables businesses to maintain uninterrupted operations, it can also give rise to various legal issues for employees, such as night work, rest periods, overtime, and occupational health and safety. For this reason, when establishing shift work regulations in the energy sector, it is necessary to consider not only the company’s technical and operational needs but also the working hours and rest period rules established in labor legislation to protect employees.

Shift Work Under Turkish Labor Law  

Under Turkish labor law, shift work is primarily regulated by the Labor Code No. 4857 (“Code”) and the Regulation on Special Procedures and Principles Regarding Work in Jobs Conducted by Employees Working in Shifts (“Regulation”), which was issued pursuant to the Code. The Regulation establishes special rules regarding working hours, night work, weekly rest, and breaks in workplaces where operations are conducted through continuous or rotating shifts due to the nature of the work.

In workplaces, including energy facilities, where operations are conducted by employees employed in continuous, uninterrupted shifts due to the nature of the work, at least three work shifts must generally be established within a 24-hour period. This regulation is particularly important for workplaces where uninterrupted operations are essential, such as electric power plants. However, in petroleum exploration, prospecting, and drilling activities, as well as other exceptional activities listed in the Regulation, it is permissible to operate with two shifts within a 24-hour period.

The start and end times of the shifts, the first and last names of employees working in shifts, their breaks, and weekly rest days must be determined by the employer and posted at the workplace where employees can easily see them. 

Working Periods and Shift Scheduling

Under the Code, the general working period is set at a maximum of 45 hours per week. While the weekly working period may be distributed differently across the working days of the week if agreed upon between the employer and the employee, the daily working period must not exceed 11 hours. Additionally, in the application of the balancing system, it is essential that the average weekly working period within specific periods does not exceed the normal working period.

This provision is particularly important in terms of shift-based work models in the energy sector. For example, the fact that an employee is physically on a 12-hour shift does not mean that the entire duration is legally considered working period; however, considering that rest breaks are not counted as working period, the working period must remain within the legal limits in accordance with the Code.

Therefore, when preparing shift schedules at energy facilities, special attention must be paid not only to the facility’s 24-hour operation but also to the weekly and daily working hour limits for each employee. 

Night Work and Shift Changes 

One of the most significant legal consequences of the shift work system is night work. Under the Code, the night period is generally defined as the time between 8:00 p.m. and 6:00 a.m. According to the regulations, in shift work, a shift is considered night work if more than half of the working hours fall within the night period. It is prohibited to employ children and young employees under the age of 18 on night shifts.

As a general rule, it is prohibited to have employees work more than 7.5 hours during night shifts. Although the legislation provides exceptions for certain sectors, routine production and distribution activities in the energy sector are generally not included among these exceptions. However, under the Code and the Regulation, a special provision has been established regarding petroleum exploration, prospecting, and drilling activities, and it is specified that night work exceeding 7.5 hours may be performed in jobs carried out within the scope of these activities, provided that the employee’s written consent is obtained. For this reason, the specific sub-sector within the energy sector in which the work is performed is significant in determining the applicable legal regime.

It is also mandatory to ensure that employees receive adequate rest breaks during shift changes. According to the Regulation, an employee undergoing a shift change may not be assigned to a new shift without receiving at least 11 consecutive hours of rest.

In workplaces where night and day shifts are rotated, shifts must generally be scheduled so that employees who work the night shift during one work week are scheduled to work the day shift during the following second work week, with the shifts alternating. As a general rule, employees’ shifts should not be changed unless absolutely necessary. However, an employee who provides a medical report documenting that their health has deteriorated due to night work must be transferred by the employer to a suitable day shift, to the extent that circumstances permit. Furthermore, a two-week shift rotation system may be implemented, taking into account the nature and execution of the work, as well as occupational health and safety conditions. These regulations require that shift scheduling, particularly in energy facilities operating continuously, such as power generation plants, be conducted not only according to operational needs but also in a manner that ensures employees have adequate rest opportunities and minimizes health and safety risks arising from night work.

Rest Break Periods, Weekly Rest Days, and Overtime 

Rest breaks and weekly rest days also play a significant role in protecting the rights of employees working in shifts in the energy sector. According to the Code, employees must be granted rest breaks of specific durations based on the length of the daily work period. If the work period exceeds 7.5 hours, the rest break must be at least one hour. Rest break periods are not counted as part of the working period.

In addition, employees working in shifts must be granted at least one rest day per week, with the rest period lasting no less than 24 hours. If the shift schedule exceeds legal limits, overtime provisions may also apply. 

Assessment from an Occupational Health and Safety Perspective 

The energy sector may involve various risks, such as electricity, high voltage, fire, explosions, chemical substances, working at heights, and the use of heavy machinery. Since shift work, and particularly night shifts, can have negative effects on employees’ attention levels and fatigue, the importance of proper shift scheduling from an occupational health and safety perspective is increasing.

Therefore, it is not sufficient for the employer to solely comply with regulations regarding working hours; strict adherence to the provisions of the Occupational Health and Safety Law No. 6331 and secondary legislation is also mandatory. The employer must identify occupational health and safety risks, inform employees about these risks, provide the necessary training, and organize work in a safe manner. In the energy sector, structuring the shift work system in a manner appropriate to the nature of the work is also a key tool in preventing workplace accidents. 

Conclusion

In certain operations within the energy sector, shift work emerges as a critical operational requirement to ensure uninterrupted business continuity. However, the fact that operations continue 24 hours a day does not mean that the employer can act independently of legal restrictions on working hours.

When establishing shift work systems in energy companies, rules such as the standard 45-hour working week, the 11-hour daily limit, the 7.5-hour limit for night work, a minimum 11-hour rest period between shifts, breaks, and weekly rest days must be considered together.

In conclusion, a legally compliant shift work system in the energy sector must ensure the uninterrupted operation of the business while also protecting employees’ right to rest, their right to wages, and their occupational health and safety. In particular, given the unique risks associated with electricity generation, natural gas, petroleum, and other energy activities, shift work schedules must be prepared in accordance with both the Code and the Regulation and relevant special legislation.

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.