Controversial regulation regarding tourism personnel's holidays

With the new bill submitted to the Turkish Grand National Assembly , the way is paved for the tourism sector workers to use their weekly holiday with a delay of four days . The right to a 24-hour uninterrupted holiday for 6 days of work, which was previously mandatory, can be used within 4 days following the completion of the 6th day of work.

The “ Law Proposal on Amendments to Certain Laws and Legislative Decree No. 375 ”, numbered 2/3186 and submitted to the Turkish Grand National Assembly on June 30, 2025, includes an important regulation that directly affects working life. The regulation, which particularly concerns thousands of workers working in the tourism sector, aims to add a new paragraph to Article 46 of the Labor Law No. 4857.

No overtime for employees working on weekends

According to the evaluation made by SGK Expert Mehmet Akif Cenkci to halktv.com.tr , if the proposal becomes law, workers working in accommodation facilities certified by the Ministry of Culture and Tourism will be able to use the weekly holiday within the following four days instead of the day they work, provided that their written approval is obtained. However, the striking point is that workers working during the weekly holiday will not be paid overtime for the work they do during this period.

Labor experts and worker representatives warn that the proposal could lead to serious rights losses. Although the “approval” requirement is included in the text, whether this approval is actually voluntary or mandatory becomes a debatable issue, especially considering the personnel shortage and seasonal intensity in the tourism sector.

The right to rest, which is not a luxury but a fundamental right, includes not only physical rest but also human dimensions such as spending time with family and connecting with social life. This regulation carries the risk of postponing not only the worker's legal right but also their life balance.

Notifications will be made via KEP

On the other hand, the regulation also includes a technical article that allows employers to make written notifications via Registered Electronic Mail (KEP). However, considering the level of digital literacy and inequality in access in practice, it is unclear how effective this system will be for workers.

The proposal is seen as a step towards facilitating the employer’s personnel management, especially during the summer season. However, the criticism stems from the fact that this facilitation comes at the expense of the worker’s rest and economic rights.

Vacation may become a privilege, not a right

It is stated that if the proposal becomes law, the weekly holiday for tourism workers may become a deferrable privilege rather than a constitutional right to rest, and the worker will both work and not receive overtime.

The full text of the proposed law is as follows:

“ARTICLE 10- Workers working in workplaces falling within the scope of the Labor Law No. 857 are entitled to a weekly holiday if they complete a 45-hour weekly working period, but they are required to use the weekly holiday they have earned within a seven-day period. Again, the article reserves the right to a weekly holiday earned with the weekly working period, and considering the needs that arise in the tourism sector, a flexible regulation is made that will allow the personnel working in accommodation facilities with a tourism business certificate from the Ministry of Culture and Tourism to use their weekly leaves within a 10-day period when deemed necessary, provided that they have a written request and approval, and an exception is made for the general rule that weekly leaves will be used for 1 day per week (6+1) for the personnel in question. In this case, it becomes possible for the worker who is entitled to a weekly holiday on the day the 45-hour working period is completed to use the weekly holiday he/she is entitled to within four days (10+1) following the day he/she is entitled to a holiday, with a written request or approval. Thus, it is provided for the worker to combine the weekly holidays earned and to create more productive free time, and to use the time they allocate to their private lives more efficiently. It is also aimed to contribute to the establishment of labor peace in terms of workers and employers, taking into account the changing social life and economic conditions. ILO reports also include findings that work-private life harmony policies provide significant benefits to enterprises and that the policies are beneficial for both workers and employers .

ARTICLE 10 - The following sentences have been added to the first paragraph of Article 46 of the Labor Law No. 4857 dated 22/5/2003. "However, the weekly holiday to which workers working in accommodation facilities issued a tourism business certificate by the Ministry of Culture and Tourism are entitled within the scope of this paragraph may be used within four days following the day of entitlement upon the written request or approval of the worker. In this case, the part of the work done by the worker during the weekly holiday to which he is entitled, equal to the daily normal working time, shall not be taken into account in the calculation of overtime. The worker may withdraw the approval he has given, provided that he notifies the employer in writing thirty days in advance."