What are Workers' Rights?

Labor rights are generally the set of rights and guarantees that a worker has while he/she is working or when he/she quits/is laid off. Since the legislator sees the situation of workers as more “disadvantaged” and “in need of protection” compared to the employer, workers’ rights have been tried to be taken into consideration more.

Although labor rights are a very broad area, they essentially prevent the employer from making arbitrary decisions and help the worker both have a safe and peaceful working life and secure his/her “after work” life in cases where he/she quits/is laid off.

The rights and guarantees of the worker are regulated in the Labor Law No. 4857.

We can examine the rights of the worker under two headings: his/her rights while he/she is still working and his/her rights in cases where he/she quits/is laid off;

A- RIGHTS OF THE WORKER WHILE HE/SHE IS KEEPING WORK

1- Right to Wage

When it comes to worker rights, the first right that comes to mind is the worker’s right to wages in return for his/her labor. The worker's wage must be paid in full and on time to the amount agreed upon before the worker starts work.

a) Legal Basis for the Worker's Right to Wage

The definition of wage is made in Article 32 of the Labor Law No. 857.

According to Article 32/1 of the Labor Law, Wage: "In general, wage is the amount provided to a person by the employer or third parties in return for a job and paid in money."

In other paragraphs of this article of the Labor Law, where and how the wage will be deposited and the latest time it can be paid to the worker are stipulated.

According to Article 32/2, Wage: "As a rule, it is paid in Turkish currency at the workplace or to a specially opened bank account."

According to Article 32/3, Wage: "The wage is paid at most once a month. The payment period may be reduced to one week by employment contracts or collective labor agreements."

b) Legal consequences arising from the employer's failure to pay the employee's wages on time

The employer must bear the legal consequences of the employee's failure to fully and timely comply with the employee's wages.

The consequences of the employer's failure to pay the wage on the day determined are regulated in Article 34 of the Labor Law;

Accordingly:

(1) An employee whose wage is not paid within twenty days of the due date, except for a force majeure reason, may refrain from fulfilling his/her obligation to work. Therefore, failure to fulfill the obligation to work based on their personal decisions cannot be considered a strike, even if it gains a collective nature in terms of numbers. The highest interest rate applied to deposits is applied for wages not paid on time.

(2)The employment contracts of these employees cannot be terminated for not working for this reason, and new employees cannot be hired instead, and these jobs cannot be done by others.

2- Establishing the Worker's Social Security and Paying the Premiums

In order for the worker to benefit from the state's social (health, education, etc.) services throughout his/her working life and during retirement, it is a legal obligation for the worker to have his/her insurance done from the date he/she started working and to pay the premiums in full.

a) What is the Procedure to Follow if the Worker's Social Security Insurance is Not Provided and the Premiums Are Not Paid?

In this case, the worker can first call the Alo 170 Family, Labor and Social Services Communication Center and complain that the insurance premiums are not paid in full. If the claims are examined by the relevant units and the worker is found to be right, the employer is requested to pay the premiums that are not paid in full or at all. In addition to paying the premiums that the worker paid late or not paid at all, the employer may also be subject to an administrative fine.

The worker can also request the establishment of his/her rights by filing a "service determination lawsuit" in the labor court for the payment of the missing premiums. If the employer is found to be wrong as a result of the authorized court examination, he/she must pay the missing premiums. The worker can resort to forced execution in case of non-payment of premiums.

The worker has the right to terminate the employment contract due to non-payment of insurance. The worker can also demand from the employer all compensation and receivables that he/she is entitled to due to his/her labor rights based on the justified termination of the employment contract.

3- The Worker's Right to Rest and Holiday

The worker naturally has the right to rest and holiday while continuing his/her working life. These are;

a) The Right to Break

It is regulated in Article 68 of the Labor Law that the worker should not work continuously during the day and should use a certain period as a break during the day.

According to this article:

(1) “At an average time of the daily working period, the workers shall be given;

a) Fifteen minutes for jobs of four hours or less,

b) Half an hour for jobs of more than four hours and up to seven and a half hours (including seven and a half hours),

c) One hour for jobs of more than seven and a half hours,

A break is given.

(2) “These rest periods are the minimum and are given without interruption.”

b) Weekly Holiday Right

The right to a weekly holiday is a right for a worker who works a maximum of 6 days a week to have a minimum of 24 hours (1 day) of uninterrupted rest within the same week.

If the worker works during the weekly holiday, he/she is entitled to two and a half times his/her daily wage. In addition, the weekly holiday wage is paid to the worker in full by the employer without any compensation for work.

The right to a weekly holiday is regulated in Article 46 of the Labor Law.

(1) In workplaces within the scope of this Law, workers are given at least twenty-four hours of uninterrupted rest (weekly holiday) within a seven-day period, provided that they have worked on the workdays determined in accordance with Article 63 (Article 63, in general, the working hours are at most forty-five hours per week. Unless otherwise agreed, this period is applied by dividing it equally among the days worked in the workplaces). (2) “The employer pays the full wage for the weekday not worked without any compensation for work.”

c) The Right Not to Work on General Holidays

The worker’s failure to work on national and general holidays is determined by collective labor agreements. If there is no provision in the contracts, the worker's approval and consent is required to work on the relevant holidays.

The worker's failure to work on national and general holidays does not affect his/her right to full wages. If the worker works on national and general holidays, he/she is entitled to an extra "one day" wage for each day he/she works.

The procedure for workers to work on national holidays and general holidays is regulated in Article 44 of the Labor Law:

(1) "Whether or not work will be done at the workplaces on national holidays and general holidays is determined by collective labor agreements or employment contracts. If there is no provision in the contracts, the worker's approval is required for working on the relevant days."

The workers' right to wages on national holidays and general holidays is regulated in Article 47 of the Labor Law:

(1) "If workers working in workplaces within the scope of this Law do not work on days accepted as national holidays and general holidays by law, they are paid the full wages of that day without any compensation, and if they work without taking a holiday, they are paid one day's wage for each day they work."

d) Annual Paid Leave Right

Annual paid leave right refers to the number of days that an employee who has worked in the same workplace for more than one year can take paid leave from work according to the year he/she has worked. The employee cannot waive his/her annual leave right and if the employee is not granted annual leave, this situation can be brought to court.

The annual paid leave right and the number of days that an employee is entitled to take paid leave according to the year he/she has worked are regulated in Article 53 of the Labor Law:

(1) “Annual paid leave is granted to employees who have worked at least one year, including the probation period, from the day they start working at the workplace.”

(4) “The annual paid leave period to be granted to employees shall not be less than the length of service;

a) Fourteen days for those who have worked from one year to five years (five years included),

b) Twenty days for those who have worked for more than five years and less than fifteen years,

c) Twenty-six days for those who have worked for fifteen years (inclusive) and more.”

e) Right to Overtime Pay

Overtime pay is requested from the employer if the worker works more than the weekly working hours of 45 hours. In case the overtime pay is not paid, an equalization can be made. However, if the overtime pay is not paid or an equalization is not made, the worker can file a lawsuit.

The procedure for overtime work is regulated in Article 41/1 of the Labor Law:

(1) “Overtime work can be done for reasons such as the general interests of the country or the nature of the work or increasing production. Overtime is work exceeding forty-five hours per week within the framework of the conditions set forth in the Law.”

The second paragraph of the same article regulates the wage per hour worked overtime:

(2) “The wage to be paid for each hour of overtime is paid by increasing the normal hourly wage by fifty percent.”

The seventh and eighth paragraphs of the same article regulate the maximum limit of overtime work with the worker’s consent.

(6) “The worker’s approval must be obtained to work overtime.”

(7) “The total overtime cannot exceed two hundred and seventy hours in a year.”

f) Unpaid Leave Right

In addition to the right to paid leave of the worker, there is also the right to unpaid leave that must be granted by the employer.

According to Article 56/6 of the Labor Law, if the worker spends her annual paid leave in a place other than where the workplace is established, up to 4 days of leave can be granted to cover the time spent on the way to and from:

(6)“The employer must grant up to four days of unpaid leave in total to cover the time spent on the way to and from those who will spend their annual paid leave in a place other than where the workplace is established, provided that they request and document this issue.”

In the case of maternity and nursing leave, the right to unpaid leave is granted upon the end of the legally granted maternity leave or before giving birth. This leave period varies according to the number of children the female worker has given birth to.

According to Article 74 paragraphs 1 and 2:

(1)”Female workers must have eight months before giving birth and eight months after giving birth.