Break Times in Long-Term Work Revised by Court of Cassation Ruling
While break times have been increased for work exceeding 11 hours, it was decided that employers who fail to grant these rights will face administrative fines.
In line with a new ruling issued by the Court of Cassation, break times for work exceeding 11 hours have been reorganized. Accordingly, employees working between 11 and 13 hours are granted a 1.5-hour break, while those working over 13 hours are granted a 2-hour break, and employers who fail to comply with the rule are penalized with an administrative fine of 26,620 TL.
New Break Times by Court of Cassation Ruling
In accordance with the ruling from the Court of Cassation, employees working for more than 11 hours are now granted a break of at least 1.5 hours instead of 1 hour. In cases where working hours exceed 13 hours, this period is applied as 2 hours.
Break rights are defined as short intervals given during working hours to protect employees from work-related accidents caused by fatigue, contribute to their physical and mental well-being, and increase work productivity.
Different Break Practices in Working Life
Workers' break times vary according to working areas and groups. Different periods are applied for child and young workers, while female employees are granted a total of 1.5 hours of nursing leave per day.
Highway transport drivers and remote workers are also subject to their own working statuses and legal regulations.
Employer's Obligations and Penal Sanctions
While determining the right to a break is within the authority of the employer, there is an obligation to actually have the rest breaks taken. Employers who do not provide breaks are fined 26,620 TL in administrative penalties.
Break times are not included in the working time, and paying wages to the worker in lieu of a break is not accepted.
Overtime and the Use of Breaks
If the working time exceeds 45 hours due to unused break times, a 50 percent premium wage is paid. Breaks cannot be used as starting work late or finishing early.
Employees are completely free during breaks and decide for themselves whether to sleep at the workplace, but the employer can prohibit sleeping inside the workplace through internal regulations.