Two separate regulations were amended in the Official Gazette dated 19 August 2017. The first of these changes is Article 5 of the Regulation on Working Conditions of Female Employees in Night Shifts. 5 of the relevant regulation. In the old text of the article, “ Women cannot work for more than seven and a half hours in the night shift, no matter what.” was the expression. The new state of matter with the change made “Female employees cannot work for more than seven and a half hours in night shifts. However, in jobs where tourism, private security and health services are carried out, and in works carried out by the subcontractor operating in the workplaces where these works are carried out, they can work for more than seven and a half hours, provided that the written consent of the female employee is obtained.” formatted.
As it is known, the Law No. 6645 (bag), which was published in the Official Gazette dated 23.04.2015 and entered into force, is the 69th article of the Labor Law. It made it possible to work more than 7.5 hours a night in tourism, private security and health services provided that the written consent of the worker is obtained, by making an exception to the provision in the article that limits the night work of workers to 7.5 hours. However, after this change, since the law and the regulation on the subject were different from each other, it could cause confusion in practice. This contradiction has been resolved and female employees working in workplaces where tourism, private security and health services are carried out will be able to work at night, provided that they give written consent beforehand, when the nature of their job requires night work. However, let’s add that night shift work in this way is limited to the specified sectors only and is not expandable by comment.
Another amendment made in the Official Gazette of the same date is for the shift system applied in shift-working workplaces;
The inconsistency between the legal regulation and the special regulation has been resolved as a result of the amendment made with the “Regulation on the Amendment of the Regulation on Special Procedures and Principles Regarding Working in Jobs Conducted by Employing Postal Workers”.
Before this change “ Because of their qualifications, because they work continuously, the number of posts is arranged in such a way that at least three worker shifts are employed in a 24-hour period in works carried out by employing workers in successive shifts.” With the amendment published in the Official Gazette dated 19.08.2017 to the text of the article in the form of “However, in the works carried out by the subcontractor operating in the works where tourism, private security and health services are carried out, and in the workplaces where these works are carried out, the arrangement can be made as two posts in 24 hours.” statement has been added.
With this amendment, in addition to the harmonization of the law and the relevant regulation, it is seen that the expression “and in the works carried out by the subcontractor operating in the workplaces where these works are carried out” has been added differently from the text of the law. With this addition, it was aimed to prevent disputes that may arise regarding the narrow interpretation of the legal regulation within the scope of the “Interpretation Principle in favor of the Worker” of the Labor Law, and subcontractors and workers who undertook auxiliary work in the workplaces operating in the mentioned sectors were also included in the scope of the said regulation.
You can review the published regulations below;