Critical ruling from the Constitutional Court regarding on-call pay for healthcare workers

The legal regulation regarding the non-payment of wages for on-call shifts worked by healthcare personnel beyond the set monthly limits has been abolished by a decision of the Constitutional Court (AYM). According to a report in Sözcü, the High Court ruled that this practice imposes a "disproportionate burden" on employees, declaring the provision unconstitutional.

CASE BROUGHT TO THE CONSTITUTIONAL COURT

The Çanakkale 2nd Administrative Court, during a lawsuit filed against the non-payment of on-call fees, questioned whether the additional article 33 of the Civil Servants Law No. 657 was compatible with the Constitution. The application was brought to the Constitutional Court on the grounds that the failure to provide any additional payment for on-call shifts worked by healthcare personnel beyond the monthly specified duration constitutes a violation of rights.

EMPHASIS ON "DISPROPORTIONATE FINANCIAL BURDEN"

In its review, the Constitutional Court emphasized that while it is normal for public officials to be assigned certain responsibilities as part of their job descriptions, the failure to pay the wages they deserve in full and on time creates a disproportionate financial burden for employees. The Court assessed that, in particular, the non-payment of wages for the portion of on-call time exceeding the set upper limit infringes upon the rights of employees.

BASIS OF THE DECISION: ARTICLE 18 OF THE CONSTITUTION

In the court's reasoned decision, based on Article 18 of the Constitution, which regulates the "prohibition of forced labor," it was stated that requiring healthcare personnel to work on-call shifts above a certain limit without pay constitutes a "disproportionate burden." For this reason, the regulation in question was unanimously annulled.

PATH CLEARED FOR NEW REGULATIONS

The Constitutional Court's decision dated November 26, 2025, has paved the way for new regulations to be made regarding the practices concerning on-call pay for healthcare workers. With this decision, the way has been opened for healthcare workers to receive compensation for their labor during excess on-call hours.

News Source: 12punto