As is well known, pursuant to the Labor Law No. 4857 (“Labor Law”), all employees are entitled to a weekly rest day. However, with Article 9 of the Law No. 7553 on the Amendment of Certain Laws and Decree Law No. 375 (“Law”), published in the Official Gazette dated 14 July 2025 and numbered 32956, the following sentences have been added to the first paragraph of Article 46 of the Labor Law, and the amendment entered into force on the same date:
“However, in accommodation facilities holding a tourism operation certificate issued by the Ministry of Culture and Tourism, the weekly rest day to which employees are entitled under this paragraph may be granted within four days following the day it is earned, upon the written request or consent of the employee. In such case, the portion of the work performed on the earned weekly rest day corresponding to the employee’s regular daily working hours shall not be taken into account in the calculation of overtime. The employee may revoke their consent by providing the employer with written notice at least thirty days in advance.”
Accordingly, under the relevant amendment:
- Employees working in accommodation facilities holding a tourism operation certificate may utilize their weekly rest day within four days following the day it is earned, upon their written request or consent.
- In such case, the portion of the work performed on the rest day that corresponds to regular daily working hours shall not be included in the calculation of overtime.
- The employee may revoke their prior written consent by notifying the employer in writing at least thirty days in advance.
Prior to the above-mentioned amendment, the reasoning of the article provided that, through Article 63 of the Labor Law, flexibility in working hours could be introduced via employment contracts, and thus, it was accepted as a general principle that employees must be granted a minimum of 24 hours of rest (weekly rest) within a seven-day period, regardless of whether six consecutive days had been worked.
With the current change, it is evident that a distinction in the regulation of weekly rest days has been introduced between employees working in the tourism sector and those in other sectors. This situation should be carefully evaluated in light of the principle of “Equality Before the Law” enshrined in Article 10 of the Constitution, as well as the “Principle of Equal Treatment” stipulated in Article 5 of the Labor Law.
As is known, all individuals are equal before the law; however, this regulation introduces differentiated labor rights and protections for the employees in the tourism sector, which may be deemed to undermine the principle of equality. Notably, the legislative rationale of the new provision does not include any clarifications that could alleviate such concerns.
Moreover, given that the regulation also affects employees who work at desk jobs or those who do not have direct interaction with the customers within tourism-certified establishments, it may be argued that the provision creates a legitimate basis for arbitrary use of managerial discretion by employers. Although the regulation requires the employee’s written request or consent for deferring the weekly rest day—and allows for the withdrawal of such consent—current practice demonstrates that many employees are deprived of overtime pay and are not granted their weekly rest days, leading to significant volumes of labor disputes. Thus, this provision may inadvertently create circumstances where arbitrary treatment by employers is facilitated, potentially compromising the principles of equality and fair labor.
Furthermore, considering that many stakeholders from other sectors may also seek similar exceptions, the rationale for granting this special application exclusively to the tourism sector—while excluding other industries—remains unclear.
We will continue to keep you informed of any further developments in the practical implementation of this regulation.
ÇELİKBAŞ LAW OFFICE