Working on Public Holidays: Employer's Guide

1. Introduction and Normative Foundations of Rest Rights In modern labor law, disputes between employees and employers frequently concentrate on the organization of working hours and the calculation of corresponding wage claims.

In our legal system, the right to rest is a fundamental constitutional right under Article 50 of the Constitution. The constitutional command that 'Rest is a right for workers' places the protection of the employee's physical and mental integrity among the primary duties of the state.

National public holidays (UBGT) are the most concrete reflection of this constitutional principle in working life. Nevertheless, in today's economic order, working on public holidays might be necessary, especially in industries requiring continuous production or services.

For this reason, Labor Law No. 4857 and the Law No. 2429 on National and Public Holidays subject public holiday work to strict formal requirements, consent rules, and a special wage regime. Non-compliant applications can lead to administrative fines, retrospective wage differences, interest, and indemnity risks.

2. Classification of Public Holidays Under Law No. 2429 The boundaries of public holidays are determined by Law No. 2429. Half-day statuses, such as the eve of religious holidays (arefe), play a decisive role in payroll practices and judicial calculations.

Primary holiday categories: - National Holiday: October 29 Republic Day (1.5 days starting from 13:00 on October 28). - Religious Holidays: Ramadan Feast (3.5 days starting from 13:00 on its eve), Sacrifice Feast (4.5 days starting from 13:00 on its eve). - Other General Holidays: January 1, April 23, May 1, May 19, July 15, August 30 (full day).

3. Obligation to Work on Public Holidays and Employee Consent According to Article 44 of the Labor Law, working on public holidays is primarily determined by collective labor agreements or individual employment contracts. If the contract explicitly requires work on public holidays, the employee is generally obliged to comply. If there is no such clause, the employer must obtain the employee's specific consent.

4. Compensation Regime Under Labor Law Article 47 According to Article 47 of the Labor Law, if no work is performed on a public holiday, the employee receives their daily wage in full. If work is performed, the employee is paid an additional day's wage for that day's work. In total, a double daily wage is earned.

5. Full Daily Wage Principle for Minimal Work According to the settled precedents of the Court of Cassation, the duration of work on a public holiday is not decisive. Even if the employee works for only one hour on that day, they are entitled to the full additional daily wage. Hourly or proportional calculations are legally invalid.

6. Invalidity of Compensatory Time-Off Compensating public holiday work by providing time-off (compensatory rest) at a later date is not legally valid. The additional holiday wage prescribed by the law must be paid in cash.

7. Conclusion and Strategic Recommendations Workforce planning during holiday periods is a high-risk legal process. Draft contracts in compliance with the legislation, execute consent processes correctly, and ensure transparent payroll representation to minimize the legal risks of employers.