Master'sOpen Access

Working hours at the legislation numbered of 4857

2006
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Advisor: Y.doç.dr. Murat Kandemir

Abstract (EN)

At Turkish Labour Legislation, working hours which is put in order bylegislation numbered of 4857, is limited 45 hours in a week. If there is an agreementbetween parties, weekly working hours can be decreased. However, this workinghours 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. Weeklyworking period can not be overcame 45 hours, but as a new form of working periodmay be distributed to working days. In addition, in written rules of balancingprocess, and in condition that it is not more than 45 hours, labourers work more than45 hours in a week. At balancing process, result of working more than 45 hours in aweek, on other week or weeks labourers work less than 45 hours naturally. In thiskind of flexible workings, daily working hours can not be more than 11 hours.Consequently, weekly working period, can not exceed 55 hours which working daysare limited in 5 days; can not exceed 66 hours which working days are limited in 6days.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 workbecause of working relations and sociopolitical reasons. At some conditions, result oflabor?s properties or employer?s preferences, or other reasons, it is obligation thatworking hours which labourer can not work, supposed to think in working period.Finally, period which despite labourers are ready that can not work, is `suppositionworking 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 andshort work.If there are some designated conditions, compensation work can be apply. Bynew application, in some conditions, if labourer do not work in designated time, it isa obligation for labourer to work in this designated time. In designated time if normalworking hour is more than normal working hour and it is not necessary to pay moresalary, it is called compensation work. It is not compensation work, if the workingwas not done in the past time period and it is being done now.Short working application is done by employer by reducing weekly workinghours temporary or stopping many activities or all activities in place of employment.In this kind of sitiations, unemployment insurance pays labourer?s loss as workingappropriation.At labor legislation expanding labor hours is arranged in two ways. The mostimportant difference is about this two ways, in the first method it is continual toincrease working hours. In the other method, working period is temporarily increasedwhen be discussed rarely. At temporary overworking, labourers go on their basis, thisworks, can be grouped as overworking and over time working. This kind of workscan be necessary for country?s general benefits, work?s property or working more forincreasing production as a result of normal reasons.The labourer who take responsibility about work by agree a contract., can not beconsider to spend all his/her time in workshops naturally. Because, labourer hasnecessity, like all other real people, to relax, top part time his/her family and culturalactivities. In working period, a break time for relaxtion must be provided. Thisbreak-time is not counted as working period. Seperately, Sunday is normallyvacation day. If Sunday is not vacation day for a workshop, employer have toprovide another vacation day. On the other hand, by having an annual vacation, it isaimed that labourer rest and relax physicially and psychologicaly after every workingyear.

Author

Dr. Kemal Özcan

How to Cite

Kemal Özcan (Master Thesis). Working hours at the legislation numbered of 4857, 2006, Dicle University.

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