Article 130, Section 2 of the Labor Code states that any holiday occurring within the settlement period and falling on a day other than Sunday reduces the working time by 8 hours.
Therefore, the holiday of November 11, 2023, falling on a Saturday, obliges the employer to grant a day off from work. This day must be provided by the end of the applicable settlement period.
The employer can determine the date for the day off either independently or in agreement with the employees by means of an announcement or notice. The announcement should be made no later than 7 days before the start of work for the period for which the work schedule has been prepared. Agreeing to give a day off outside of the settlement period is not allowed because it would lead to improper calculation of employees' working time. If the employer does not grant the employee a day off for November 11, they should pay the employee for overtime hours worked.
If the employer does not establish a date for the day off, the employee can individually request a day off.
In the event that an employee is on sick leave on the day of the day off, they are not entitled to another day off.
If a holiday falls on a day that is a day off for a part-time employee, the employer is not obligated to designate an additional day off if the employee does not work on average for 5 days a week, only on certain days of the week.
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