Controversial working hours law for tourism workers passes Parliament: 'A system of slavery is coming'
With the regulation accepted in the Grand National Assembly of Turkey (TBMM), the weekly leave entitlement for workers in the tourism sector has been extended from 7 days to 11 days. The new practice does not cover overtime pay either.
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With the new law accepted in the Grand National Assembly of Turkey, the weekly holiday system for workers in the tourism sector has completely changed. Employees in accommodation facilities with an operating license from the Ministry of Culture and Tourism will now be able to take only 1 day off after working for 10 days, instead of 1 day per week.
DESPITE THE LAW, THE RIGHT TO REST HAS BEEN WITHDRAWN
However, Article 46 of the current Labor Law clearly regulates that workers have the right to a 24-hour uninterrupted weekly holiday during a 7-day work period. According to this article:
1 day of rest is mandatory after every 6 days of work
Excuse leaves and medical reports are counted as working days
If a worker works even for one hour on their holiday, it is considered that the worker was not allowed to take their holiday
While Court of Cassation decisions have been shaped within this framework, the new legal regulation suspending this right has drawn significant backlash.
OVERTIME WILL ALSO BE UNPAID
The new law affects not only the holiday period but also wage rights. According to the report by Ahmet Kıvanç from Habertürk, work performed during the weekly holiday outside of the 1 day of rest granted after 10 days of uninterrupted work will not be considered overtime.
Normally, workers employed during their weekly holiday were required to be paid:
1 day's holiday pay
Plus 1.5 days' overtime pay
However, with this practice, tourism workers will not be able to receive overtime pay. When they are made to work on their holiday, they will not be able to demand time off in lieu of payment.
IT IS NOT EVEN CLEAR WHEN THE HOLIDAY WILL BE GRANTED
One of the most controversial aspects of the new law is that it contains no provisions regarding when unused weekly holidays will be granted.
While it is stated that the Court of Cassation has not yet established a precedent on this matter, it is expressed that this situation could pave the way for arbitrary practices in favor of employers.
OTHER SECTORS ARE ALSO EYEING THE CHANGE
Following this regulation in the tourism sector, it is reported that similar demands have been conveyed to the Ministry of Labor and Social Security from many sectors, primarily the construction sector.
According to reports from the corridors of power:
Sectors such as construction, mining, energy, and transportation want to expand this practice
New regulations regarding the postponement of weekly holidays in other sectors are expected to be submitted to the TBMM in the near future