Employees' Constitutional Right to Weekly Rest Must Cover Unbroken 24 Hours
The right to rest for workers within a seven-day time frame under the Labor Law and the practical details of Court of Cassation decisions have been clarified.
In Turkey, the weekly rest right of workers, guaranteed by the Constitution and the Labor Law, must be implemented as an unbroken period of at least twenty-four hours. According to Court of Cassation decisions, leaves granted below this duration are considered invalid.
History of the Right to Weekly Rest
The rights possessed by workers in Turkey were attained as a result of long struggles. In this context, the right to weekly rest first gained legal status with Law No. 394 enacted in 1924.
Constitutional and Legal Guarantee
The right to weekly rest is guaranteed under Article 50 of the Constitution, which regulates working conditions and the right to rest. Workers in workplaces subject to Labor Law No. 4857 are granted the right to uninterrupted rest.
Seven-Day Period and Working Conditions
Provided that they have worked before the rest day, employees must be given an unbroken weekly rest of at least twenty-four hours within a seven-day time frame. Workers who work uninterruptedly for six days have the right to rest on the seventh day.
Exceptional Regulations in the Tourism Sector
In accordance with valid laws, different practices can be implemented in certain sectors. Particularly in accommodation facilities certified by the Ministry of Culture and Tourism, workers can be made to work for up to ten days and allowed to take leave on the eleventh day.
Circumstances and Periods Considered as Worked
In order to qualify for weekly rest, the preceding six days must have been worked. Times that are legally counted as working hours even though not worked, as well as excused absences and leaves with a doctor's report, are also included in this calculation.
Court of Cassation Decisions and Application Principles
The Court of Cassation applies the unbroken twenty-four-hour rule with strict boundaries regarding weekly rest. Leaves granted below twenty-four hours or even half-hour periods of work mean that the right has not been exercised at all.