27March2020

Amendments were Made on Compensatory Work

Some amendments were made in the Labor Law (Article 64) with the Law No. 7226 Amending Some Laws published in the Official Gazette 31080 (1st Repeat) dated 26.03.2020.

The statements before the update are as below:

Compensatory Work

ARTICLE 64 – In cases where time worked has been considerably lower than the normal working time or where operations are stopped entirely for reasons of suspending work due to force majeure or on the days before or after the national and public holidays or where the employee is granted time off upon his request, the employer may call upon compensatory work within two months in order to compensate for the time lost due to unworked periods. Such work shall not be considered overtime work or work at extra hours.

Compensatory work shall not exceed three hours daily, and must not exceed the maximum daily working time in any case.

Compensatory work shall not be carried out on holidays.

With the Law no:7226 Article 43, the below update was announced:

ARTICLE 43 - The phrase "two" in the first paragraph of Article 64 of the Labor Law dated 22/5/2003 and numbered 4857 has been changed to "four" and the following sentence has been added to the paragraph after the first sentence.

"The president is authorized to increase this period up to twice."

Accordingly, employers will be able to make compensatory work for periods not working within four months instead of two months.

You can reach the text of the Law on the Amendment of Some Laws No. 7226, published in the Official Gazette No 31080 (1st Repeat) dated 26.03.2020, in the link below:

https://www.resmigazete.gov.tr/eskiler/2020/03/20200326M1-1.htm

Author Erdoğdu Onur Erol, Category Social Security Law and Legislation

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