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Double payment to employees during the holiday! The number has been determined, here is the overtime pay calculation

HomeNewsDouble payment to employees during the holiday! The number has been determined, here is the overtime pay calculation
6 April / TGRT
Double payment to employees during the holiday! The number has been determined, here is the overtime pay calculation

It concerns everyone who will start working during the holiday. Holiday overtime wages were calculated. Overtime wages of employees who cannot take a holiday during Ramadan Feast are paid double. The employer who does not pay this amount, which is reflected as a difference in salaries, faces criminal sanctions.

WORKING CALCULATION IS CHANGING DURING THE FESTIVAL WORKS

Religious and national holidays are considered public holidays in our laws. However, many sectors have to be at work on public holidays. Wages paid for working on both religious and national holidays are calculated differently according to the Labor Law. The wages that employees will receive if they work full time during Ramadan Feast also vary. Many employees often hesitate whether to work single shift or double shift. This year, the Eid al-Fitr holiday has been determined as 9 days by the government. However, there are those who will continue to work in both the private and service sectors. According to the Labor Law, employees' calculations differ during public holidays.

EMPLOYER HAS TO PAY OFFICIAL HOLIDAY FEES

Employers must pay increased wages to workers who have to work during Ramadan Feast. Those who will work on the eve of Eid and on holidays will receive double the wage for each day they work.

WILL FULL EMPLOYEES GET OVERTIME ON EVE DAY?

Since Ramadan Feast starts at 13:00 on the eve, it is clearly stated in the Labor Law that the worker should not be employed after 13:00 on the eve, and that if he is employed, an additional fee should be paid. For work done after 13:00 on Eve, the employer must pay the employee half a day's additional wage. Therefore, every worker who will work on the eve of the afternoon must be paid a 50 percent increase in wages for every hour he works. It may be possible to work during the holiday in some workplaces, other than the afternoon of Eve.

HOW WILL THE WORK OF EMPLOYEES BE CALCULATED DURING THE FESTIVAL?

According to the Labor Law No. 4857, insured people working on holidays must receive an additional daily wage for each day they work.

Workers must be paid additional wages for their work on the eve of Eid al-Fitr and on the Eid day. Workers who will work on the eve of the eve and during the holiday will receive not one but two days' wages for each day they work.

HERE IS THE EID WORK CALCULATION FOR THE MINIMUM WAGE PERSON

In calculating holiday overtime, the worker's normal hourly wage is calculated by calculating his gross salary. The minimum wage to be applied in 2024 was determined as 17 thousand 2 TL net. The gross minimum wage is 20,002.50 TL. It is calculated as Minimum Gross Wage (20,002.50 TL) / 30 = Daily Minimum Gross Wage (666.75 TL). The hourly minimum gross wage amount is calculated as 88.90 TL.

If an employee whose hourly wage is 88.90 TL works a total of 8 hours on the 2nd and 3rd day of the holiday, the employee who should receive 711.2 TL on normal days will receive 1,422.4 TL for these 8 hours of work on the holiday.

To give an example based on the monthly wage, let's assume that a worker who works without a holiday for 2 days of the holiday is paid a monthly gross wage of 20,002 TL. If the worker works without a holiday, since his daily wage is (20,002.50/30) 666.75 TL, a total of 1,333.5 TL is paid for two general holiday days: 666.75 TL for the 1st day of the holiday and 666.75 TL for the 2nd day. An additional payment to the salary is required. Likewise, he must be paid twice the hourly wage he worked on the eve of the afternoon.

Since there is no determination regarding working hours in the law, it is accepted that the employee should be entitled to 1 day's wage even if the working period is not a full day, even if he works on the public holidays in question.

In other words, a worker who works on a public holiday must be paid his full day's wage even if he works for 1 hour on the day of the public holiday in question. If the employee has already completed a 45-hour weekly working period, public holiday work should be considered as overtime and his wage should be calculated with a fifty percent increase.

THERE IS A PENALTY FOR EMPLOYERS WHO DO NOT PAY

An administrative fine is imposed for each employee if the employer does not pay the holiday overtime as calculated or pays it incompletely.

WHAT WILL THOSE WHO BOTH WORK AND WORK EXTRA DO DURING THE FESTIVAL?

According to the Labor Law No. 4857, daily working hours are determined as 7.5 hours and weekly working hours are determined as 45 hours. Every hour of work over 45 hours is considered overtime. If employees work overtime during the holiday, their wages must be paid with a 150 percent increase, including the holiday's increased wage.

ARE WORKERS ALLOWED TO BE PAID ON A FESTIVAL?

It is against the Labor Law for an employer to allow an employee working a holiday shift to take leave at the end of the holiday instead of being paid. Leave cannot be given in lieu of increased wages. In our labor law, it is stipulated that on holidays, the wage of that day will be paid without being paid for work, and when working without a holiday, a daily wage must also be paid for each day worked.

He says, "Work during Eid al-Adha and I will give you 4 days off after the Eid." Since the wage of an employee must be paid with an increase during the holiday, this work cannot be paid as leave. The employee must be paid.

IS THERE FORCED WORK DURING EID?

The employee's working status on holidays and public holidays depends on the employment contract. According to the Labor Law, "Whether or not to work in workplaces on national holidays and public holidays is decided by collective bargaining agreements or employment contracts. If there is no provision in the contracts, the employee's approval is required to work on those days. “The provision is included. Those who do not want to work should definitely look at their employment contracts. Insured employees do not have to work on holidays unless there is a contrary provision in their contracts.

PAYMENTS OF JOURNALISTS ARE DIFFERENT

Media is one of the leading sectors working during holidays. Journalists' work during holidays is paid differently compared to other workers. There is no concept of general holiday pay in the Press Labor Law. That's why journalists' work is treated as overtime, not holiday pay. While other workers receive full daily wages for holiday work, journalists receive half the daily wage, that is, in the form of overtime. Overtime pay for journalists is determined by the hour. Therefore, journalists receive 50 percent more hourly wages for the number of hours they work on holidays or public holidays.

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