29th October Republic Day is the only National Day on which the proclamation of the republic in 1923 is celebrated. Because of some contradictory provisions in legislation it becomes a controversial issue whether working on national day is prohibited or not.
As per the 1st Article of Law on National and Public Holidays No. 2429; "29th October is National Day, starts from 28th October, 13.00 o’clock and continues during 29th October."
Article 2 states that “on national, official and religious holidays, public sector agencies shall be on vacation.
And Article 2, last paragraph stipulates that; “private sector workplaces shall be closed on 29th October.”
However, this prohibition does not apply to establishments and workplaces, such as hospitals, airports, bakeries, hotels and so on, which have to work continuously by nature of their services.
As it is seen, while on national and general holiday’s only public sector agencies must be closed for vacation, working on 29th October is banned for the private sector workplaces according to above said Law, which is in contradiction with the Labor Law, No. 4857, and that is where the questions arise from.
IS IT POSSIBLE TO WORK ON 29th OCTOBER?
The answer is YES, provided that provisions to that effect are included in employment contracts or collective agreements, otherwise employee’s consent is required.
Despite the working prohibition is clearly stipulated in above article, no penal sanctioning is set forth for working on this day and Article 44 of Labor Law 4857 states that “working on the national day and public holidays will be decided by the collective agreement or by employment contracts. The employee’s consent is required if there is no provision in the collective agreement or in employment contracts."
REMUNERATION FOR NATIONAL DAY
As it is seen above, the National Day 29th October is treated no differently than the other public holidays, and pursuant to Labor Law, Article 47; employees in workplaces covered by this Act shall be paid a full day’s wages for the national and public holidays on which they have not worked; if they work instead of having the holiday, they shall be paid an additional full day’s wages for each day worked.
This rule is also applicable to workplaces where a percentage wage system is in effect, the wage for the national and public holidays shall be paid to the employee by the employer. Because according to Article 45 of Labor Law; “No provisions may be inserted into collective agreements or employment contracts contrary to the rights granted to employees on the weekly rest day, national and public holidays, and paid vacations and to the rights of employees working under a percentage system recognized to them by this Act. Any vested rights based on law, collective agreement, employment contract or custom which provide employees with more favorable rights and benefits shall be protected.”
In summary employees will be paid the not worked days’ wage on national and public holidays, if they work on these days they also be paid additional full day’s wages.
Employee working on 28th October after 13.00 o'clock and full day on 29th October.
Monthly gross salary: 3.000 TL
Daily work hours: 7,5
Monthly work hours: 30 x 7,5 = 225
Extra pay for work on 28th October after 13.00 o'clock:
3.000/225 (monthly work hours):13,33 TL (hourly wage)
Daily 7,5 hours, half day= 7,5/2= 3,75 hours
Extra pay for work on 29th October:
Total extra pay: 50+100=150 TL.