As is commonly seen in practice in our country, employers often require employees to work on public holidays (such as weekends) instead of taking leave, and then compensate them later with “free time” for this work. However, according to Law No. 4857, free time can only be granted in compensation for overtime work. Granting free time to employees without paying for work on public holidays or weekends is not in accordance with the law.
According to Law No. 2429 on National Holidays and General Public Holidays; October 29th is a National Holiday, and general public holidays are official and religious holidays, New Year’s Day, and May 1st. Calculating the periods stipulated in the law, there are 14.5 days of national holidays and general public holidays in a calendar year.
So, how should payment for National Holidays and General Public Holidays be made? Article 47 of the Labor Law No. 4857 regulates how this wage should be calculated: “Workers employed in workplaces covered by this Law shall receive their full daily wages for days recognized as national holidays and public holidays by law, even if they do not work on those days. If they do work on those holidays, they shall receive an additional daily wage for each day worked. In workplaces where the percentage method is applied, the national holiday and public holiday wages of the workers shall be paid to the worker by the employer.” Therefore, a worker who works for one day on a national holiday or public holiday will be entitled to an additional daily wage in addition to their regular daily wage.
However, it is important to note that, as clearly stated in the law: “Whether or not work will be performed in workplaces on national holidays and public holidays shall be determined by collective bargaining agreements or individual employment contracts. If there is no provision in the contracts, the worker’s consent is required for working on those days.”
The relevant part of the landmark decision of the 9th Civil Chamber of the Supreme Court of Appeals, numbered 2015/26859 E. 2018/84 K., is presented below.
“…The dispute between the parties concerns whether the plaintiff employee is entitled to wages for work performed on national holidays and public holidays. Article 4857 of the Labor Law provides for free time and overtime work. If an employee works on holidays, they must be paid for it. Granting time off in return for this work does not negate the right to holiday pay. Granting free time or leave in return for holiday work is not in accordance with the law.
The expert report forming the basis of the judgment states that the plaintiff employee worked on official holidays with ceremonies (April 23rd, May 19th, and October 29th), but the defendant’s submitted leave documents indicate that the plaintiff employee used leave for the holidays they worked on, therefore the plaintiff is not entitled to national holiday and public holiday pay. However, the documents submitted by the defendant, bearing the plaintiff’s signature, pertain to the years 2008-2009, and the defendant has not submitted any documents showing that the plaintiff used leave in return for work on national holidays and public holidays from 2010-2013, or even if documents were submitted…” Since it would be invalid, national holiday and public holiday pay for the years 2010 to 2013 should be calculated and ruled upon. Although the plaintiff’s testimony confirms that he worked on the specified days, the rejection on the grounds that the employment could not be proven is erroneous…”