NEWSLETTER 2011
264
Saturdays or even in the lack of such a provision in the labor contract; if
there is such an established practice in workplace then it will not be lawful
to carry out compensatory time work on Saturdays. However, pursuant
to the labor contract or established customary practice in workplace if
the weekly holiday is not used at the weekends on Saturday or Sunday
but in the other day of the week instead, then compensatory time work
can be enforced on Saturdays and Sundays. Nevertheless, in such cases
compensatory time work cannot be carried out in the day established as
week holiday in practice.
Pursuant to Labor Law, the authority to make decision whether
a compensatory time work is needed, belongs to the employer. The
employer, who will enforce a compensatory time work, should notify the
employee by specifying, which of the above referred reasons such work
is required for and the date the work is to be started to compensate the
lost time.
We should mention as a last issue that compensatory time work is
limited to the maximum of three hours per day under the condition that
the utmost daily working hours, which is 11 hours, is not exceeded.
The compensatory time work is a lawful right vested on the employer
in the frame of flexible working principle. However, it has an exceptional
nature and should not be abused by the employers to the detriment of
employees’ rights.