NEWSLETTER 2013
334
may be performed if an employee misses work time due to force majeure,
declaration of holiday in the workplace before or after national feasts or
legal holidays, other reasons which totally interrupts or reduces the normal
working time considerably in the workplace or due to additional permissions
granted to the employee aside from the permissions set forth in the Labor
Act, labor contracts and collective labor contracts upon his request.
An employer requesting make up work must explicitly inform the
relevant employees about the reasons for and the commencement date of
the make up work.
Make up work shall be performed within two months after the end of
the force majeure causing the interruption and the commencement date
of normal working. Make up work shall not be more than 3 hours per day
and must not exceed the daily maximum working time of 11 hours. Make
up work shall not be performed on holidays.
Announcement and Certification of the Daily Working Time
According to Article 8 of the Regulation, the beginning and end of
the daily working time and rest breaks shall be announced to employees
in the workplace. Depending on the nature of the work, the beginning and
ending hours of work may be arranged differently for different employees.
According to Article 9 of the Regulation, the employer must certify
the working time of employees with appropriate means.
Conclusion
The Working Time Regulation Concerning the Labor Act, issued
by the Ministry of Labor and Social Security, sets forth the principles
governing the application of working time and defines working time as
the period of time the employee spends at the workplace.
The aforementioned Regulation stipulates that the maximum weekly
working time shall not exceed 45 hours, and that, unless otherwise agreed,
this period shall be divided into equal intervals for each working day of the
week without exceeding 11 hours per day. According to the Regulation,
the beginning and end of the workday, as well as the time allotted for rest
breaks, shall be announced to employees by appropriate means.