The work of a shift in which more than half of the working time coincides with the night period shall be considered as night shift in Turkey.<\/li>\n<\/ul>\n\n\n\nAccording to Article 6 of the Regulation, the wages of workers shall not be reduced in any way whatsoever due to the reduction in working hours as a result of increasing the number of two or more shifts or determining the daily working time below 7.5 hours in workplaces where three shifts are worked.<\/p>\n\n\n\n
According to Article 9, workers shall not be made to work continuously for at least eleven hours without rest during shift change and this provision shall also apply to workers whose posts are changed.<\/p>\n\n\n\n
Rest breaks during shift work are regulated in Article 9. Accordingly, although it is essential that the workers are given a break in accordance with Article 68 of the Labour Law, if the nature of the work does not allow all workers in the same part of a workplace to be given a break at the same time, it is also possible to give the break to the workers in groups, starting from the middle of the working period in succession, according to the principles of the Labour Law and the regulation.<\/p>\n\n\n\n
The regulation on week holidays is included in Article 12 of the Regulation. According to the provision of the article, it is obligatory to give week holiday to the workers in the works carried out by employing workers in shifts, on one day of the week, not less than 24 hours and by rotation.<\/p>\n\n\n\n
A particular issue in the work carried out by employing workers in shifts is the employment of women workers in night shift. Article 73 of the Labour Law No. 4857 and Article 30\/a of the Occupational Health and Safety Law No. 6331 stipulated the issuance of a regulation on this subject, and this regulation was published in the Official Gazette dated 24.07.2013 and numbered 28717 under the title “Regulation on the Conditions of Employment of Female Employees on Night Shifts” and entered into force. According to the provisions of the aforementioned regulation, if women workers will be employed in night shift in Turkey, some special obligations must be fulfilled or some issues must be taken into consideration:<\/p>\n\n\n\n
First and foremost, according to Article 5 of the Regulation, it is forbidden for women workers to work more than one and a half hours on night shifts under any circumstances whatsoever. In parallel to this, women employees cannot do overtime work during night shifts. However, the fact that the working time is limited to seven and a half hours and the concept of overtime work is not mentioned, it seems possible for women employees to work overtime. In cases where the daily work exceeds seven and a half hours, regardless of whether this work exceeds the total duration of 45 hours per week, it should be considered as overtime work and the wage should be accrued and paid accordingly.<\/p>\n\n\n\n
According to Article 6 of the Regulation, employers are obliged to take female workers who will work night shift in Turkey in workplaces outside the municipal boundaries or in workplaces within the municipal boundaries but which are difficult to commute by conventional means during the postal change hours, to and from the workplace from the centre closest to their residence by means of suitable vehicles to be provided.<\/p>\n\n\n\n
According to Article 7 of the Regulation, in order for women workers to be employed on night shift in Turkey, a health report must be obtained from the workplace physician stating that there is no impediment to their work and control examinations must be repeated at regular intervals deemed appropriate by the workplace physician.<\/p>\n\n\n\n
According to Article 8, if the spouse of the female worker works in the same or a separate workplace where work is carried out in shifts, night work at the request of the female worker will be arranged so that it does not coincide with the night shift in which her spouse works. If the spouses work in the same workplace and want to work in the same night shift in Turkey, this request will be met to the extent possible.<\/p>\n\n\n\n
According to Article 9 of the Regulation, if a female worker is pregnant, she is prohibited from working on night shifts for a period of one year from the date of the determination of the situation with a doctor’s report until the birth, and breastfeeding women workers are prohibited from working on night shifts for a period of one year starting from the date of birth, without prejudice to the provisions of their own legislation. For breastfeeding women, this period will be extended for six more months and their work will be arranged to coincide with day shifts if it is determined by the report of the workplace doctor in charge at the workplace that it is necessary for the health of the mother and child.<\/p>\n\n\n\n
Finally, according to Article 10 of the Regulation, the list of names of female workers to be employed during night shifts will be kept at the workplace and will be shown to labour inspectors upon request.<\/p>\n","protected":false},"excerpt":{"rendered":"
Article 69 of the Labour Law No. 4857, which regulates night shift in Turkey, contains a number of provisions on worker shifts, and Article 76 stipulates the issuance of a regulation on this subject. The said regulation was published in the Official Gazette dated 07.04.2004 and numbered 25426 under the name of “Regulation on Special…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[42],"tags":[],"class_list":["post-16670","post","type-post","status-publish","format-standard","hentry","category-turkish-labour-law","category-42","description-off"],"yoast_head":"\n
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