An amendment to the Labor Law No. 4857, dated May 22, 2003, entered into force on July 14, 2025, through the publication of Law No. 7553 titled “Law on the Amendment of Certain Laws and Decree Law No. 375” in the Official Gazette on the same date.
ARTICLE 9 – The following sentences have been added to the first paragraph of Article 46 of the Labor Law No. 4857, dated May 22, 2003:
“However, for workers employed in accommodation facilities that have been granted a tourism operation license by the Ministry of Culture and Tourism, the weekly rest day to which they are entitled under this paragraph may be used within four days following the day it is earned, upon the employee’s written request or consent. In this case, the portion of work performed on the weekly rest day equivalent to the normal daily working hours shall not be considered in the calculation of overtime. The employee may revoke their consent by notifying the employer in writing at least thirty days in advance.”
This amendment introduces a sector-specific provision regarding the use of weekly rest days for employees working in accommodation facilities operating within the tourism industry. Pursuant to the change, employees working at accommodation facilities licensed by the Ministry of Culture and Tourism may utilize their weekly rest day within four days following the day on which the right accrues—provided they submit a written request or consent. Accordingly, employers cannot defer the rest day unless they obtain a clear and written statement from the employee.
Another key aspect of this regulation concerns how work performed on a rest day is to be evaluated. Under the new rule, if an employee works on their weekly rest day, only the portion exceeding the regular daily working hours will be considered as overtime. The standard portion will not be treated as overtime. This provision offers operational flexibility to employers, especially during peak seasons, while simultaneously introducing a new criterion for the calculation of overtime wages for employees. Moreover, an employee who has given such written consent retains the right to withdraw it by informing the employer in writing, with a minimum of thirty days’ notice.
This amendment is intended to accommodate the seasonal and intensive nature of work in the tourism sector. It is essential for employers to ensure that employee consents are properly obtained in accordance with the prescribed procedure, overtime calculations are conducted under the new rule, and withdrawal notifications are tracked with diligence.
You can access the full text of the amendment to the Labor Law No. 4857, as introduced by Law No. 7553 dated July 14, 2025, at the following link: https://www.resmigazete.gov.tr/eskiler/2025/07/20250714-20.htm
Best Regards,
Balay, Eryiğit & Erten
