Circular on Working Hours

Dear Business Partner, We have prepared a reminder circular for you regarding Payroll and Legal Processes.

Summary: This circular aims to ensure the protection of employee-employer relations, introduce facilitating and protective measures, and reiterate matters currently on the agenda.

Content: The subject of Working Hours is addressed and presented to you along with relevant Laws, Regulations, and selected Court rulings.

A. Working Hours

Working hours are regulated by Article 63 and subsequent articles of the Labor Law and the Regulation on Working Time Related to the Labor Law.

In general, the maximum weekly working time is 45 hours.

Unless otherwise agreed, this time is divided equally among the working days of the week. For employees working in underground mining, the working time is a maximum of 7.5 hours per day and 37.5 hours per week.

By mutual agreement, the weekly working time may be distributed unevenly across the working days of the week, provided that no workday exceeds 11 hours. In such cases, the average weekly working time within a two-month period must not exceed the normal weekly working time.

B. Periods Counted as Working Time

The following durations are counted as part of the employee’s daily working time:

• Time spent by employees entering or exiting mines, tunnels, or workplaces located underground or underwater.
• Travel time when the employee is sent by the employer to work outside the workplace.
• Time spent waiting for work while being ready and present at the workplace.
• Time spent outside of regular duties when assigned or occupied elsewhere by the employer.
• Designated time for breastfeeding for female employees.
• Time spent transporting employees to remote work sites (e.g., railway, road, or bridge projects).
• Transport time for social support purposes is not considered working time.

C. Rest Breaks

Rest breaks, depending on the length of the daily working period, are as follows:

• 15 minutes for work lasting 4 hours or less,
• 30 minutes for work between 4 and 7.5 hours,
• 1 hour for work longer than 7.5 hours.
• These are minimum durations and must be uninterrupted unless adjusted based on conditions and agreements.
• Rest breaks can be scheduled at the same or different times for different employees.
• Rest breaks are not counted as working time.

D. Night Time and Night Work

• "Night" is defined as starting no later than 20:00 and ending no earlier than 06:00, lasting no more than 11 hours.
• If most of a shift falls within this period, it is considered night work.
• Night work must not exceed 7.5 hours per day.
• However, longer night shifts are allowed in tourism, private security, healthcare, and petroleum drilling with written consent.
• Pregnant employees cannot be assigned to night work from the time pregnancy is confirmed.
• Employees who have recently given birth may not be assigned to night work for one year, or longer if medically necessary.
• Employees under 18 years of age may not work night shifts (20:00–06:00).
• Rotating shifts must alternate weekly between night and day to avoid continuous night work.
• Employees must have at least 11 hours of rest before switching to a different shift.
• Weekly rest of at least 24 consecutive hours must be granted, on a rotating basis if needed.

E. Key Points About Working Hours

• Start and end times of daily work and breaks must be clearly communicated at the workplace.
• Start and end times may differ by employee, depending on job requirements.
• Working time restrictions apply to individuals, not workplaces or job roles.
• The 7.5-hour limit for night work is mandatory; overtime pay is required for exceeding it even if the weekly limit is not breached.
• If the daily 11-hour limit is exceeded (even if under 45 hours weekly), overtime pay is required. (Case No: 2007/40862, Decision No: 2009/17766)
• For workdays up to 11 hours, the rest break must be at least 1 hour; for days exceeding 11 hours, the break must be at least 1.5 hours. (Case No: 2013/15393, Decision No: 2015/9860)

F. Administrative Fines

• Violation of working hour regulations: 14,739 TL
• Non-compliance with compensatory work rules: 2,666 TL (per employee)
• Failure to provide rest breaks: 14,739 TL
• Night work beyond 7.5 hours or failure to rotate shifts: 14,739 TL
• Violation of working hour-related regulations: 14,739 TL

Best regards,

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