Supreme Court decision regarding weekend holidays and overtime for private sector employees

The 9th Civil Chamber of the Supreme Court of Appeals made a remarkable decision that closely concerns millions of private sector employees. The department considered the inclusion of 7.5 hours of work done during the weekday holiday in both the holiday pay and overtime pay calculation as double payment. With the decision in question, workers working on weekly holidays will only receive their daily wage and will not be able to receive overtime.

The case started when the welder, who claimed that he was unfairly dismissed, went to the Labor Court. He stated that the employment contract was terminated verbally and verbally by the employer, that terminating the contract without asking the employee whether he has an excuse in case of absence is against the practices of the Supreme Court, and therefore severance and notice pay must be paid.

THE LABOR COURT DECIDED TO PARTLY ACCEPT THE CASE

Stating that he did not use his annual paid leave during his employment and that his wages were not paid, he requested that the defendant decide to collect severance and notice pay, annual paid leave, overtime pay, national holiday and general holiday pay and week holiday pay.

The defendant employer requested the dismissal of the case, arguing that the plaintiff's employment contract was terminated immediately for justified reasons, that the plaintiff employee did not work overtime and used his annual paid leaves.

The Labor Court ruled that the employer's unfair termination was made and that the demands for severance and notice pay were accepted, and that the case was partially accepted on the grounds that the employer was entitled to claims regarding working and rest periods.

THE DECISION WAS MOVED TO APPEAL

While the decision in question was brought to the court of appeal, the Regional Court of Justice decided to accept the case by abolishing the decision of the first instance court and making a new decision. When the defendant appealed the decision, the 9th Civil Chamber of the Supreme Court of Appeals stepped in.

In the decision made by the Department, it was stated that "If it is accepted to work seven days a week, seven and a half hours of the days falling on a week holiday are considered as a week holiday. It is not correct to rule that both week holiday and overtime will be received for the same work, which will cause double payment."

The Supreme Court ruled that the worker should receive his daily wage, not overtime, on the days that fall on a weekday, and said, "For this reason, while the seven and a half hour work per day that falls on a weekday should be excluded from the overtime account, the written decision was erroneous and required reversal."