Precedent Decision from the Court of Cassation: Double Payment Cannot Be Made on Weekly Rest Days
The 9th Civil Chamber of the Court of Cassation ruled that calculating 7.5 hours of work on a weekly rest day as both weekly rest and overtime would constitute duplicate payment.
In a legal process closely concerning millions of employees, the Court of Cassation signed a precedent decision that prevents two separate payments from being made for the same duration of 7.5 hours of work performed on weekly rest days.
Process Starting in the Labor Court
A source master, claiming to have been wrongfully dismissed, filed a lawsuit in the Labor Court to collect severance and notice pay along with various other receivables.
Employer's Defense and First Instance
The defendant employer argued that the contract was terminated for just cause and that there was no overtime work, requesting the dismissal of the case, but the court partially accepted the employee's claims.
Decision of the Regional Court of Justice
The Regional Court of Justice, to which the first-instance court's decision was carried, overturned the verdict and formed a new decision in favor of accepting the case, and the process was taken to the Court of Cassation.
Court of Cassation Review and Grounds for Reversal
Evaluating the case file, the 9th Civil Chamber of the Court of Cassation found the decisions of the lower courts erroneous and reversed them, clearly setting forth the legal grounds.
Emphasis on Duplicate Payment
The High Court stated that including the 7.5 hours of work performed on a weekly rest day in both the weekly rest pay and the overtime calculation would lead to a duplicate payment.