At 4857 Turkish Labour Legislation; working times, overtime working and research about contingency allowance
2019
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Advisor: Prof. Dr. Vala Lale Tüzüner
Abstract (EN)
At Turkish Labour Legislation, working hours which is put in order by legislation numbered of 4857, is limited 45 hours in a week. If there is an agreement between parties, weekly working hours can be decreased. However, this working hours can not enchanced continual even if there is an agreement. Weekly working period which is distributed to week's working days equally, can be arranged flexible on condition that some stipulations are carried out. Weekly working period can not be overcame 45 hours, but as a new form of working period may be distributed to working days. In addition, in written rules of balancing process, and in condition that it is not more than 45 hours, labourers work more than 45 hours in a week. At balancing process, result of working more than 45 hours in a week, on other week or weeks labourers work less than 45 hours naturally. In this kind of flexible workings, daily working hours can not be more than 11 hours. Consequently, weekly working period, can not exceed 55 hours which working days are limited in 5 days; can not exceed 66 hours which working days are limited in 6 days. Sometimes, it is not possible that starting and finishing work in regular hours. Despite labourers which are ready at workshop, can not work, are supposed to work because of working relations and sociopolitical reasons. At some conditions, result of labor's properties or employer's preferences, or other reasons, it is obligation that working hours which labourer can not work, supposed to think in working period. Finally, period which despite labourers are ready that can not work, is 'supposition working period' not 'actual working period', is counted as lawful. The working period is flexed by legislation numbered of 4857 which, provide applicability of overworking, over time working, compensation work and short work. If there are some designated conditions, compensation work can be apply. By new application, in some conditions, if labourer do not work in designated time, it is a obligation for labourer to work in this designated time. In designated time if normal working hour is more than normal working hour and it is not necessary to pay more salary, it is called compensation work. It is not compensation work, if the working was not done in the past time period and it is being done now. Short working application is done by employer by reducing weekly working hours temporary or stopping many activities or all activities in place of employment. In this kind of sitiations, unemployment insurance pays labourer's loss as working appropriation. At labor legislation expanding labor hours is arranged in two ways. The most important difference is about this two ways, in the first method it is continual to increase working hours. In the other method, working period is temporarily increased when be discussed rarely. At temporary overworking, labourers go on their basis, this works, can be grouped as overworking and over time working. This kind of works can be necessary for country's general benefits, work's property or working more for increasing production as a result of normal reasons. The labourer who take responsibility about work by agree a contract., can not be consider to spend all his/her time in workshops naturally. Because, labourer has necessity, like all other real people, to relax, top part time his/her family and cultural activities. In working period, a break time for relaxtion must be provided. This break-time is not counted as working period. Seperately, Sunday is normallyvacati on day. If Sunday is not vacation day for a workshop, employer have to provide another vacation day.
Author
Dr. Senem Kaşıkçı Akın
Institution
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Senem Kaşıkçı Akın (Master Thesis). At 4857 Turkish Labour Legislation; working times, overtime working and research about contingency allowance, 2019, İstanbul University.
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