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NEWSLETTER 2013

332

The Working Time Regulation Concerning the Labor Act

3

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Att. Pelin Baydar

The Working Time Regulation Concerning the Labor Act

(“Regulation”), issued by the Ministry of Labor and Social Security, sets

forth the principles governing the application of working time.

Working Time

Article 3 of the aforementioned Regulation defines working time as

the period of time the employee spends at the workplace. The Regulation

does not contain any other provisions as to which periods should be treated

as working time; for this purpose, it refers to Article 66 of the Labor Act

No. 4857 (“Labor Act”). Article 66 of the Labor Act reads as follows:

“Time periods deemed as part of working time:

a. the time required for employees working in mines, stone quarries

or any other underground or underwater labor to descend into the

pit or workings or to the actual workplace and to return therefrom

to the surface;

b. traveling time, if the employee is sent to a place outside the

workplace by the employer;

c. the free time spent by the employee at the workplace by remaining

at the employer’s disposal;

d. the time spent by the employee during which the employee is sent

to a place outside the workplace or employed by the employer in

his household or office, instead of performing his own duties;

e. the time allowed to a female employee, who is a nursing mother, to

enable her to feed her child; and

f. the time necessary for the normal and regular transportation of

groups of employees engaged in the construction, maintenance,

repair and alteration of railways, roads and bridges to and from a

workplace at a distance from their place of residence.

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Article of September 2013