If you are planning to work in Türkiye or hire employees for your business, understanding the rules on working hours, compensatory work, and what qualifies as official working time is crucial. This guide provides an overview of the key provisions under Turkish Labour Law No. 4857 that both employers and employees should know.
Maximum Legal Working Time in Türkiye
According to Turkish Labour Law, the maximum regular working time is 45 hours per week. Unless otherwise agreed, this time is distributed equally over the working days.
For example, in workplaces that operate six days a week, daily working hours would typically be 7.5 hours per day.
Special Rules for the Mining Industry
Employees working in underground mining operations are subject to stricter regulations due to occupational health and safety concerns. Their working time is limited to:
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Maximum 7.5 hours per day
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Maximum 37.5 hours per week
These rules ensure safer working conditions in high-risk environments.
Flexible Working Hours: Is It Possible?
Yes. Employers and employees may agree on the flexible distribution of the 45-hour weekly working time under the equalisation system. Here’s how it works:
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Daily working time must not exceed 11 hours.
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The average working time over 2 months must remain within 45 hours per week.
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With a collective labour agreement, this period may extend to 4 months, or up to 6 months in the tourism industry.
This flexibility helps businesses manage workload variations while staying compliant with the law.
What Is Compensatory Work?
Compensatory work allows employers to recover lost working time under certain circumstances, such as:
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Early workplace closures before national holidays.
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Employees taking personal leave.
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Temporary suspension of operations.
Key conditions for compensatory work include:
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It must be performed within 4 months (or up to 8 months if extended by Presidential Decree).
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It cannot exceed 3 hours per day.
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It cannot be scheduled on official holidays or weekends.
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It is not considered overtime and therefore does not require overtime pay.
Periods Considered as Working Time
Turkish labour law defines working time broadly, covering more than just the hours spent performing core duties. It includes:
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Time spent descending or ascending in underground work sites.
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Time spent traveling to another work location at the employer’s request.
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Time spent waiting at the workplace while ready to work.
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Tasks performed outside regular duties, if assigned by the employer.
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Breastfeeding breaks for female employees.
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Commute time when employees are collectively transported to remote job sites.
However, daily commuting for convenience purposes, such as employer-provided shuttle services, is not considered working time.
Employer Obligations: Communicating Working Hours
Every employer must clearly inform employees about:
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Daily start and end times
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Break periods
These may vary based on the nature of the work and the industry.
Navigating Labour Law in Türkiye
Labour compliance in Türkiye can be complex, especially for foreign businesses or professionals managing international teams. Staying informed about local regulations is key to avoiding legal issues and maintaining a healthy workplace environment.
If you have questions or need guidance on Turkish labour law, feel free to contact us. Our team is here to support you in navigating these legal requirements.
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Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither Karen Audit nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.