A Precedent Decision from the Supreme Court Stating That “Permission Will Not Be Granted in Exchange for Overtime on National Holidays, and a Fee Should Be Paid for These Works”

As is widely seen in practice in our country; employees are employed by the employer without taking time off on UBGT days, and the reward for their work today is then given to them as “free time”. However, according to the law No. 4857, free time can only be used in exchange for overtime. It is not in accordance with the law to allow the employee to use free time by not paying wages in return for working on holidays such as UBGT days or week holidays.

October May 29 is a National Holiday, according to the Law No. 2429 on National Holidays and General Holidays, and the general holidays are official and religious holidays, New Year’s day and May 1. When the periods in the law are calculated, there are 14.5 days of national holidays and general holidays in a calendar year.

So, in what way should the payment of the National Holiday Public Holidays be paid? 47 of the Labor Law No. 4857. This article should calculate how much to charge that has been arranged: “workers in workplaces covered by this law, the law on days that are considered national holidays and public holidays will work, if not exactly a work without pay for the charges on that day, the holiday also try doing a daily fee for each day worked if it is paid.In workplaces where the percentage procedure is applied, the national holiday and general holiday wages of the workers are paid to the employee by the employer.’He says. Therefore, a worker who works one day on National Holidays and public holidays will be entitled to one more day’s wage in addition to that day’s wage.

However, the issue that should be mentioned with importance here is clearly stated in the law: “Whether to work in workplaces on national holidays and general holidays is decided by collective bargaining agreements or employment contracts. If there are no provisions in the contracts, the employee’s approval is required to work on these days.

9 of the Civil Chamber of the Court of Cassation 2015/26859 E. 2018/84 K. The relevant part of the numbered precedent decision is presented below.

“…There is a dispute between the parties as to whether the Decedent worker is entitled to a wage in exchange for his work on national holidays and public holidays. In the Labor Law No. 4857, free time is provided for overtime work. If the employee has worked on holidays, the wage must be paid for this. The fact that permission is granted in exchange for this post-work does not indicate that he cannot qualify for vacation pay. Because it is not in accordance with the law to grant free time or leave in exchange for vacation work.

The provision is mainly the expert’s report, with the ceremony to the plaintiff the official holidays (23 April, 19 May and 29 October) runs of the holidays presented by the plaintiff but the defendant uses to allow you to work permit workers on the grounds that plaintiff’s claims the absence of declared national holidays and public holidays. However, with the signature of documents presented by the defendant and the plaintiff by the defendant belong belonging to the year of 2008 and 2009 and between 2010 and 2013, national holidays and public holiday work has not been submitted as a document that you have permission for the document will be invalid even if they submit that, for the years 2010 and 2013, national holidays and public holidays will receive calculated that under the provision must be taken. The refusal of the plaintiff on the grounds that the plaintiff worked on the specified days is erroneous on the grounds that the work cannot be proven, although it is confirmed by witness statements …”

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