As Eid al-Adha approaches, the overtime wages and legal rights of employees who will work during the public holiday have come to the fore again. Within the scope of the Labor Law, details regarding working conditions and overtime calculations on national and general holidays were shared. According to experts, in order for an employee to be employed on a public holiday, there must be a clear provision in the employment contract or the employee must give approval.
Working holiday shifts without approval is considered against the legislation. Is it mandatory to work during holidays? Within the scope of Article 44 of the Labor Law No. 4857, working conditions on national and general holidays are determined by an employment contract or collective bargaining agreement. If the relevant provision is not included in the contract, the employer must obtain separate approval from the employee.
For this reason, the employee may not agree to work on a public holiday if there is no clause in his contract regarding holiday work. It is not possible to terminate the employment contract or apply absenteeism solely on this reason. How is Holiday Overtime Pay Calculated? According to Article 47 of the Labor Law, a worker who does not work on a public holiday is paid his full daily wage. In case of working on holiday, the employee is entitled to receive another day’s wage in addition to his daily wage.
Considering the gross minimum wage of 33 thousand 30 lira announced for 2026, the daily gross wage is calculated at approximately 1,101 lira. The additional wage that a worker working during Eid al-Adha will receive varies depending on the number of days worked and whether the holiday falls on a weekend. 4-Day Holiday Overtime Calculation Table Working Type Calculation Amount (TL) Daily gross wage 33.030 / 30 1.101 Daily working wage during the holiday 1.101 x 2 2.202 First 3 days total 2.202 x 3 6.606 Day corresponding to Saturday 1.101 x 2.5 2.752,50 4-day total gross overtime Total 9.358,50 If Saturday is considered a holiday at the workplace, the payment for the day that falls on the weekend can be calculated based on 2.5 daily wages.
Rights of Employees Working on Eve Day. Within the scope of Law No. 2429 on National Holidays and General Holidays, Eve days are considered a half-day public holiday as of 13.00. In this context, the worker continues to receive his normal wage for the first half of the day. If you continue to work after 13.00, you are entitled to an additional half-day wage. Eve Day Sample Calculation Daily Wage Working Time Amount to be Paid 2.000 TL 2.000 TL until 13.00 2.000 TL 3.000 TL including work after 13.00 Can Leave Be Used Instead of Holiday Overtime?
According to labor law practices, it is not considered appropriate to give free time or administrative leave instead of wages in return for working on a public holiday. Holiday overtime must be paid as wages. Even if the employee has the approval, replacing public holiday pay with leave is not considered valid in judicial decisions. What can a worker do if holiday overtime is not paid? If wages for holiday work are not paid, the employee can use his right to terminate for just cause.
If the employee has completed the required working period, he/she also has the right to claim severance pay. In case of justifiable termination, the employer does not have the right to demand notice pay. In case of non-payment, it is important for the legal process that the worker sends a warning through a notary. Time Limit for Retroactive Overtime Receivables: The statute of limitations for workers’ receivables is 5 years.
Employees can claim that they will receive public holidays and overtime during this period. If an agreement cannot be reached on payment, mediation and labor court processes come into play. Summary Table of Holiday Overtime Rights Subject Application Is it compulsory to work on holidays? The employee’s approval or contract provision is required. The wage of the worker working on a holiday is paid an additional multiple of the daily wage.
The holiday falling on the weekend can be up to 2.5 days. Eve day application. Half-day public holiday after 13.00. Can leave be given in lieu of pay? No Right in case of unpaid overtime Justifiable termination and compensation claim possible Retroactive claim period 5 years
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