October 29 Republic Day (the day Republic of Turkey is proclaimed in 1923) is the Turkey’s only national day. It starts at 13:00 on 28th and continues until the end of 29 October.
Due to contradicting provisions in different laws, it is always a question of debate whether working on Republic Day is legal or not.
- As per Law on National Holidays and General Holidays No. 2429, public and private sector establishments must be shut down in Republic Day. The workplaces that have to work continuously in line with their special laws may work.
- However, Labor Law doesn’t make any discrimination between national holidays and public holidays. As per article 44, work on national days and public holidays can be arranged in employment contracts and collective agreements. If there is no such arrangements employee’s consent is required.
CAN WE WORK ON REPUCLIC DAY?
In our opinion;
- In case the special laws allows, the establishments that have to work continuously due to nature of their operations (such as bread bakeries, hospitals) may carry on working on republic day.
- The other workplaces must be shut down.
- In case there is no clause related to work on holidays in employment contract or in the collective agreement, employees’ consent must be obtained in written.
PAYMENT ON HOLIDAYS
As per article 47 of Labor Law No. 857;
- Employees not working on national days and public holidays shall be paid a full day’s wage.
- Employees working on national days and public holidays shall be paid an additional full day’s wage for each day worked. (In total double the full daily wage)
RESTRICTION FOR CHILD AND YOUNG WORKERS
Child workers who have completed the age of 14 but below age of 15, and young employees who have not completed the full age of 18 cannot be worked on national days and public holidays.