Law No. 7553 Amending Certain Laws and the Decree-Law No. 375, which entered into force upon its announcement in the Official Gazette No. 32956 on 14 July 2025 ("Law No. 7553"), introduces flexibility regarding the "weekly holiday" requirement for the tourism sector.
Article 46 of the Labor Law No. 4857 ("Labor Law") stipulates that employees are entitled to at least 24 consecutive hours of rest (weekly holiday) within each seven-day period, provided that they have worked on the preceding days as specified in Article 63 of the Labor Law. Employees are entitled to their salaries corresponding to the weekly holiday.
The latest amendment to Article 46 of the Labor Law creates an exception to the weekly holiday rule and flexibility for employers. Accordingly, employees of accommodation facilities holding a tourism operation license from the Ministry of Culture and Tourism may now take their weekly holiday within four days of becoming eligible.
This exception provides a legal basis for the employers to have employees work on weekly holidays upon their consent or request without such work constituting overtime.
This exception grants employers operating accommodation facilities with a tourism operation license the flexibility of employees using their weekly holiday not only on the 7th day, but also on the 8th , 9th , 10th , or 11th day, provided that explicit written consent is obtained from the employees.
As per the latest amendment, work performed by the employee on their week holiday will not be regarded as overtime and will not be included in overtime calculations.
The last sentence added to Article 46/1 of the Labor Law may be interpreted as requiring employees' written consent for this weekly holiday arrangement, either at the time of concluding the employment agreement or through a separate written consent during the course of employment.
The new weekly holiday arrangement under Article 46 of the Labor Law and its legitimacy, which targets only employees in the tourism sector, is highly debated and criticized from various perspectives. In fact, secondary legislation is expected in due course to clarify the implementation of the relevant article (e.g., which of the four days following the employee's week holiday can the employee use and whether the employer can determine and intervene in this matter by claiming that it is its managerial right, etc.).
We eagerly await to see whether tourism sector players will implement the amendment, how it will be implemented, and how the Constitutional Court will review this matter for future application.
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