21.10.2017

On 19 August 2017 The Official Gazette has published regulations about making Regulation Changes Related to Special Rules and Procedures.

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