Attention those working during Eid al-Adha: Rights and additional fees have been clarified

Following the announcement of a 9-day holiday for public employees for Eid al-Adha, attention has turned to overtime and additional payments in the private sector. Details regarding the compensation for work performed during the holiday and the rights of employees have been clarified.

In the private sector, the holiday lasts for a total of 4.5 days, starting from the afternoon of the eve. Unlike administrative leave in the public sector, this leave is not automatically granted in the private sector. Employers may include the working days that coincide with the holiday in annual leave or compensatory work. However, it is legally required for the employee and the employer to reach a mutual agreement on this point.

CONSENT REQUIREMENT FOR HOLIDAY OVERTIME AND EMPLOYEE RIGHTS

According to the Labor Law, an employee cannot be made to work on a holiday without their explicit consent. If an employee does not provide written consent for overtime and is dismissed for choosing not to work, they are entitled to severance pay. Similarly, employees who are forced to work overtime without written permission have the right to "just cause termination."

If employees wish to object to holiday work they previously consented to, they must notify the employer in writing at least 30 days in advance.

HOW IS HOLIDAY OVERTIME PAY CALCULATED?

It is a legal requirement to pay additional fees for all work performed during official holidays. Accordingly, an employee who works overtime during the holiday is paid an additional day's wage on top of their base daily wage; in other words, employees are entitled to "double pay" for each day of holiday overtime.

For example, an employee with a daily wage of 4,000 TL earns 8,000 TL when working one day during the holiday. An employee who works full-time for the 4.5 days of the holiday can receive a total of 18,000 TL in additional fees on top of their salary.

Employees who do not have work on the holiday still receive their full salary for that day; they do not suffer a loss. However, whether these periods are counted as annual leave or compensatory time is determined by mutual agreement between the employee and the employer.

PAYMENTS CAN ONLY BE MADE IN CASH

There is an important legal detail regarding the payment of holiday overtime wages. Employers cannot postpone payment by using practices such as "time off in lieu" or "taking leave later" in exchange for overtime; Eid al-Adha overtime must be paid in cash, either via bank transfer or in person.

Wages must be delivered to employees no later than the salary payment date. In case of delayed payment, the employee can also demand the highest bank interest rate applied to deposits for the amount that should have been paid.

Furthermore, overtime payments made during Eid al-Adha are included in the earnings base reported to the Social Security Institution (SGK). Therefore, the additional fees paid contribute directly to both the employee's insurance premiums and their retirement calculation.

With all these regulations, the principles of working on a holiday in the private sector are clearly defined within a legal framework that concerns both the employer and the employee.

News Source: 12punto