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LABOR LAW
263
The Compensatory Time Work
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Att. Begüm Taner Huntürk
In Employment Law “Compensatory time work” means working
period of an employee in lieu of the time which had been taken off due
to various reason without receiving any over time emolument for such
working period. In the frame of flexible working principle, the Labor Law
vested the employers, under certain conditions, the right to require from
their employers to perform compensatory time work.
Pursuant to Article 64/1 of the Labor Law, the employer may demand
compensatory time work within two months after the actual leave, in cases
of where the time taken off the work due to unanticipated emergency
circumstances, given time work off in public holidays before or after
national feasts and general holidays or having worked for a period, which
is substantively less than normal working hours or total shutdown of the
workplace due to similar reasons or given time off work to employee
upon his demand.
This type of working situation would not be considered as overtime
work or working for extra hours.
On the other hand, compensatory time work cannot be enforced
in return of leaves granted by law or granted pursuant to individual or
collective labor contracts between employee and employer and in the
legal strikes or lockouts periods.
For example, compensatory time work cannot be enforced in return
of leaves up to three days which must be given in the of marriage, birth
or death circumstances.
In the same manner, compensatory time work cannot be exercised for
the holidays taken pertaining to employment contract. Furthermore, as
the National Feasts and General Holidays Law Article 3/a provides that
the weekend holiday starts at Saturday 13:00 o’clock and also includes
the whole Sunday, compensatory time work cannot be carried out in these
days. If the labor contract stipulates that employees will not work on
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Article of April 2011