The summer months are a period when workloads increase in the tourism and service sectors and seasonal employment peaks. For employers, this period involves not only managing the increased workload but also properly fulfilling their legal obligations regarding employee rights. From a consulting perspective, the most common legal issues encountered during the summer revolve around the use of annual leave, overtime pay, and the conditions for employing seasonal workers.
The Employer’s Authority and Limits Regarding Annual Leave
July and August are the months when employees’ requests for annual leave intensify. According to the Labor Law No. 4857, the authority to determine the timing of paid annual leave primarily rests with the employer. However, this authority is not unlimited. The employer must balance the business’s workload with employees’ rights. Particularly during the summer, when a large number of employees request leave at the same time, the employer has the right to schedule leave in a way that does not disrupt business operations. However, while making these arrangements, employees cannot be prevented from exercising their right to leave, and arbitrarily postponing leave requests poses legal risks.
Overtime Pay and Limits
The increased workload during the summer season may make it inevitable for employees to work beyond their normal working hours. According to the Labor Law, the weekly working hours are 45 hours, and any hours exceeding this are considered “overtime work.” Pay for work exceeding 45 hours per week must be paid at a rate of 50% above the normal hourly wage. Additionally, the daily overtime period may not exceed 3 hours.
The most common mistake employers make during this period is failing to list overtime pay on pay stubs or attempting to avoid this obligation by using general phrases such as “included in the wage.” However, according to Supreme Court case law, a contractual provision stating that overtime pay is included in the monthly salary is considered valid only if the salary is sufficient to cover this premium. For this reason, it is of great importance to properly document and compensate for overtime work, which becomes more frequent during the summer due to increased workloads.
The Legal Aspects of Employing Seasonal and Temporary Workers
The increased labor demand during the summer months leads employers to hire seasonal and temporary workers. The most critical aspect of such employment is the correct determination of the employee’s status. Seasonal workers are employees hired for a specific season, whose employment contracts are suspended during certain periods of the year. It is mandatory to draw up a written employment contract with these employees upon hiring, register them for social security, and record their working hours on a daily basis.
In addition, employers who plan to hire young workers under the age of 18 must exercise greater caution. Young workers between the ages of 15 and 18 may only be employed in certain types of work and under specific conditions. It is prohibited to employ young workers in heavy and hazardous work, night shifts, and industrial jobs. Employers who fail to comply with these rules face an administrative fine of 26,620 TL per child worker as of 2026.
Work on Weekly Days Off and National and Public Holidays
The concentration of national and public holidays during the summer months is another area requiring special consideration. Workers employed on official holidays, such as August 30 Victory Day, must be paid a 100% premium in addition to their regular daily wage for each day worked. Employers must clearly indicate these payments on pay stubs and obtain the employee’s consent to prevent potential labor disputes. In the case of work on a weekly day off, provided the employee retains the right to one day of rest during the week, work performed on that day is considered overtime and paid at the premium rate.
Properly managing the legal aspects of employing workers during the summer season not only prevents employers from facing criminal penalties but also increases employee satisfaction and productivity. It is necessary to keep abreast of current legislation on a wide range of topics—from leave planning to overtime pay, and from the employment of seasonal workers to the conditions for employing young workers—and to tailor practices accordingly.
For detailed information on this topic and solutions tailored to your business, please contact the expert team at Bu Müşavirlik. We’re here to help you manage your summer hiring processes in compliance with the law and minimize potential risks.
