If a workplace requires working 24 hours and the daily works also include the night work, the employees can work alternately by changing their shifts.

In workplaces like this, the work out of normal working hour means “night work”.

2- How is the “night” defined in night works?
In working life, “night” starts at 20.00 at the latest and finishes at 06.00 at the earliest and it lasts maximum 11 hours.

3- What is the maximum period of night work of an employee?
The period of night work of an employee should be maximum 7,5 hours.

4- In which sector can an employee exceed the normal night working hours?
In some sectors, an employee can work more than 7,5 hours with the written approval of him/her. These sectors;
– Tourism,
– Private security,
– Health sector and related services.

5- How should the shifts be scheduled in workplaces including night works?
In round-the-clock works done in turns, if an employee works in the night during one week, he/she should work in daytime for the following week.

In day and night shifts, there can be applied two-week rotation.

6- How many hours should an employee work if his/her shift is changed?
If the shift of an employee is changed, he/she cannot work without having a rest at least for 11 hours.

7- Who cannot be employed in which sectors for the night work?
In industrial works;
– It is forbidden to employ children and teenagers under 18.
– The procedures and principles about employing major women in night works are specified in the regulations prepared by the Ministry of Health and the Ministry of Labor and Social Security.

Source: The Labor Law No. 4857 (Article 69 and 73)

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

1- The sentence below was added to the subparagraph (a) of the first paragraph in article 4 of 04.07.2004 dated and 25426 numbered regulation about making Regulation Changes Related to Special Rules and Procedures:

“Only in tourism, private security and health service professions and work places, for 24 hour jobs which are managed by sub-employer the arrangement can be done in two shifts. “

2- The 7th article of the same regulation has been modified as follows:

“Article 7 – In professions that are done by working in shifts, it is forbidden that the employers are being worked for more than 7,5 hours at night shifts save for the situations mentioned in articles 42 and 43 of 4857 numbered Law. Only in tourism, private security and health service professions the employee can work over 7,5 hours with the condition that they give their written consent to the employer. The application of this paragraph;
a) Tourism service professions; in accordance with the concerning legislation, in the establishments which were given a tourism operation license or a tourism investment license by The Ministry of Culture and Tourism enterprise certificate by the municipality to operate as a tourism establishment,
b) Private Security Professions; In the scope of 2004 dated and 5188 numbered law on Private Security Services, in Private Security Establishments which have been granted official authorisation by The Ministry of the Interior or as a private security officer in an establishment,
c) Health Service Professions; In establishments belonging to real persons or public or private enterprises and in their branch offices without legal personality, in social service organizations identified in the 05.1983 dated and 2828 numbered Social Services Law, where health service is provided/produced;

Applies to employees who are employed at these establishments and the employees who are employed by the sub-employers. If more than half of the work hours fall on night time the shift is deemed night work.”

3- The same 12th article of the same regulation has been modified as follows.
“Article 12 – In enterprises which operate with shift work, the employer or the representatives of the employer are obligated to have a list of the names and surnames of the employees who work in each shift, to present them to the Ministry when requested.”

***This regulation is made effective on the date of its publication.

***The provisions of this regulation are enforced by          The Minister of Labor and Social Security.

Source: Official Gazette

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.