Recent Development
The Law Amending Certain Laws and Decree Law No. 375, published in the Official Gazette dated July 14, 2025 and numbered 32956 (“Amendment to the Law“), introduced certain amendments to Labor Code No. 4857 (“Labor Code“). These amendments entered into force on July 14, 2025.
What Does the Law Amend?
A. Amendment Regarding Weekly Holidays for Employees Working in the Tourism Sector
The Amendment to the Law stipulates that employers employing employees in accommodation facilities with tourism business certificates can allow their employees to use the 24 hours of weekly holiday that they will be entitled to within a seven-day period, within four days following the day of entitlement to weekly holiday, upon the written request or approval of the employee. In other words, for employees working in accommodation facilities with tourism business certificates, an exception to the general rule of using weekly holiday in one day per week is introduced.
In this case, the portion of the work done by the employee on the weekly holiday to which they are entitled, up to the normal daily working time, will not be taken into account in calculating overtime work. The employee may withdraw their consent by notifying the employer in writing 30 days in advance.
B. Amendment Regarding the Imposition of Administrative Fines
The Amendment to the Law stipulates that the Provincial Directors of the Labor and Employment Agency will now directly impose administrative fines arising from the Labor Code. These were previously imposed by the Regional Directors of the Ministry of Labor and Social Security. Likewise, it is also stipulated that administrative fines to be imposed for violations of the provisions of the Labor Code on employing disabled individuals and ex-convicts and intermediary services in finding jobs and employees will be imposed by the Provincial Directorates of the Labor and Employment Agency; and for employers with workplaces in more than one province, the said fines will be imposed by the Provincial Directorate of the Labor and Employment Agency where the ‘headquarters of the workplaces are located.
Conclusion
It is important for employers to review their HR and administrative processes to comply with the new regulations.
