Employment contracts may be concluded on a full-time or part-time basis. The working time of two-thirds or less of the working time in a full-time employment contract is a part-time employment contract. Thus, the contract of an employee who works 30 hours per week or less in a workplace where a 45-hour week applies is a part-time employment contract. A worker working under a part-time contract may not be treated differently from a full-time worker, unless there is a reason justifying discrimination. If the employee`s seniority is between one year and Ave (inclusive), the period of leave must be at least 14 working days. If the employee`s period of service is between 15 years and 15 years, the period of leave must be at least 20 working days. If the employee has worked 15 years or more, the leave period must be at least 26 working days. Annual leave may not be less than 20 working days for workers aged 18 or under and aged 50 or over. However, these periods may be extended by means of employment contracts. The total overtime shall not exceed two hundred and seventy hours per year.
All employees have the right to use at least 2 hours of paid leave during working hours to look for new employment during their notice period. Job search hours can be grouped and used at the same time. If the employee works while looking for work, the employer must compensate for the hours of job search with double the salary in addition to the employee`s regular wage. If the duration of the employee`s working time has not been determined by the parties in the form of periods such as a week, a month or a year, the weekly working time is considered to be fixed at 20 hours. If the daily working time is not specified in the contract, the employer must employ the employee for at least 4 consecutive hours for each call. An employee is entitled to an uninterrupted weekly rest of at least 24 hours during any non-stop period of 7 days, provided that he has worked the days preceding the weekly day of rest. The weekly holiday is Sunday. Employees of radiology clinics are entitled to a half-day vacation in addition to Sunday. The start and end of daily working hours and breaks are announced to employees at the workplace.
The employer may terminate the employment contract if, due to his own intention, a bad lifestyle or an alcohol dependence, the employee is so ill that he is absent more than three consecutive working days or more than five working days per month. The employer may also terminate the employment contract if the employee`s absence due to an accidental accident or illness exceeds the legal notice period. Finally, dismissal for health reasons requires a decision by the health authority declaring that the employee`s illness is incurable and that he is no longer able to perform the work. If the employment contract is terminated for these reasons, it is not necessary to wait for the notice period, but to pay severance pay to the employee. According to the Labour Code, employment contracts must generally be concluded for an indefinite period. However, contracts may be concluded for a limited period if certain objective conditions are met. Fixed-term employment contracts are valid for a period specified therein and end without notice. Employment contracts must be drawn up in writing in accordance with the principles of labour law. Furthermore, under Article 12 of the Labour Code, it is not possible to distinguish between fixed-term workers and open-ended workers merely because they are fixed-term employment contracts. This rule is a requirement of the principle of equal treatment which prevails in Turkish law. In addition to paid annual leave, another holiday provided for in the Labour Code is weekend leave.
Workers must be given at least 24 hours of uninterrupted rest per week. If the employee has worked other days, he is also entitled to this daily wage, even if he does not work on weekends. The parties may agree to extend the duration of the weekend. If the work performed on weekends and the maximum weekly output of 45 hours are exceeded, this work is considered overtime. 4.5.4 Overtime pay Companies must pay a premium rate of pay to employees who exceed legal working hours, work on statutory holidays or work late at night (between 22:00 and 05:00), as shown in the table below. Where the preparation, completion and cleaning work is carried out by the principal workers of the undertaking in addition to their activities which are not carried out by workers whose activity is limited to the performance of such work alone, the performance of such work before or after the daily working time of the main work shall be subject to the existence of a technical necessity or to the condition that: whereas it is unfavourable to carry out this work when carrying out the main activity under health and safety conditions. According to the Labour Act No. 4857 Workers who carry out preparation, completion and cleaning work before or after the beginning of this period may work a maximum of two additional hours per day in addition to the daily hours of work fixed for the main activity.
It is necessary to carry out preparation, finishing and cleaning work by rotating workers in the workplace. However, if the nature of the preparation, finishing and cleaning work requires that the work be carried out only by designated and trained workers, and if there are not enough qualified workers to work alternately at the workplace, this work may still be carried out by the same workers. Daily working time at the workplace, including preparation, completion and cleaning work, shall not exceed 11 hours. The total duration of preparation, finishing and cleaning work carried out outside normal daily working hours and overtime shall not exceed two hundred and seventy hours per year. The employer`s right to dismiss union representatives is limited. According to Article 24 STISK, the employer may terminate the employment contracts of trade union representatives at the workplace only if there is a valid reason and the reason is clearly and precisely stated in writing. In addition, the conditions relating to minimum seniority and the number of persons employed at the workplace are not necessary in these cases. Article 75, paragraph 2, of the Labour Code stipulates that employers must keep a personal file for each employee they employ. This personal file contains a lot of personal data of the employee. All data stored in this personal file must be recorded in accordance with the above procedure.
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