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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.