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29 Rights of labourers in new labour law 2- Vacations Brother and sister labourers: We have mentioned that the legislator equalised between male and female labourers. Thus, all regulative rules of employment are applied on all without discrimination. Among these regulations are vacations. Unfortunately, legislator of the new labour law violated rights of labourers in vacations and positions of labourers before the law came back big steps backward. We will view the vacations enshrined in law as follows: A. Regular annual vacation: The legislator kept the annual vacation 21 days for those who stayed for a complete year in service. This period is increased in case a worker refused to take it orthographically. Any way a male or female worker must take an annual vacation of fifteen days with at least six continuous or the equal wage every three years maximum. This rule is new. In previous laws no. 137/1981 for workers in private sector and 48/1978 for workers in public sector, legislators necessitated that a worker takes an annual vacation of at least six continuous days and compensation for the left vacations is not done but after ending the work relation for any reason. B. Coincidental vacation: Legislators reduced the coincidental vacation to six days in year to be counted from the decided annual vacations after it was seven days not to be counted from the decided annual vacations. A male or female labourer can have this vacation for two days maximum at once although this vacation is basically decided for emergency circumstances that force him to be absent from work without being able to previously tell the employer. So this vacation should have been considered independent and not to be taken from the annual vacation. That was done in law no.47/1978 for governmental workers. C. Patience vacation: Every male and female worker has the right to a patience vacation for every three years spent in service as follows: 1. one month with full wage (this vacation was three months in law no. 48/1978 for workers in public sector) 2. eight months with 75% of the wage (it was six months in law no. 48/1978) 3. three months without wage if the specialised medical committee decided that the disease is curable (it was previously six months with 50% of the main wage and 75% for those who passed the age of fifty) It was also possible in previous laws to increase the period to other six months without wage if the male or female worker is caught be a disease that needs a long remedy. This is the patience vacation for workers in industrial establishments that follow the law on regulating and encouraging of industry. Rest of workers (those who do not work in the mentioned industrial establishments) have the right to a patience vacation for those who prove to be patients determined by the specialised medical authority and the worker deserves during it a compensation for the wage according to the determination of the social insurance law. Paragraph 78 of social insurance law no. 79/1975 determined the financial rights of the patient by stating that (if the patience prevented the insured from doing his work, the meant authority is committed to compensate him by 75% of his daily wage of which he paid his insurance for ninety days of patience period. If the period is longer, compensation is 85% of the formerly mentioned wage). Compensation should not be, in any case, less than the minimum decided by law for the wage. Compensation continues to be paid during all patience period or till a complete disability is proved or death for not more than 180 days in one year “six months”) Patients with a mental or permanent disease (one of the diseases mentioned in decree no. 695/1984 of minister of health) are given compensation equal to a complete wage during his patience period until he is cured, in a stable situation that enables him to come back to his work, or proved to be completely cripple. Sister and brother worker: There is one more kind of vacations. It is (festivals vacations), which are determined by a decision from the specialised minister to be thirteen days annually maximum during which male or female workers are given a complete wage. Law gave the employer the right to make male or female workers in these days if work conditions required and male and female workers deserve in this case, in addition to the wage of that day, double of that wage. It means that if you go to work in one of the festival vacation days, it is your right to have a payment double your wage for that day in addition to counting that day in work days (previously your right was to have a payment equal to your work and not double of your wage. Do not leave your rights. Vacations for working women: Sister worker, it is known that you share your male colleagues the right to annual, coincidental and patience diseases. Rules of these vacations are applicable to you as well as they are applicable to men. Additionally, due to your nature as a female, you exclusively have other kinds of vacations, which are birth giving vacation, childcare vacation and breast feed hours. Generally, legislators violated your rights to these vacations as follows: 1. Birth giving vacation: Legislators conditioned that a female worker must have been staying in service for ten months or more before having a birth giving vacation for ninety days and for a payment equal to net wage. Law 48/1978 for workers in public sector did not condition any previous service period for having this vacation. Law 137/1981 for workers in private sector conditioned the completion of six months in service before having this vacation, but this condition was cancelled after the issuing of child law no. 12/1996. Child law gave workingwomen the right to this vacation without conditions and thus equalised women working in government and public sector to women working in private sector). Legislators, by deciding this new condition, violated the rights enjoyed by working women for more than quarter a century. That was not enough. Legislators also reduced number of times this vacation can be taken to only two times during the whole service period and not three times as it was before the issue of this law. 2. Child care vacation: Female workers in places that use five workers or more have the right to a vacation with no wage for not more than two years in order to care for her child. This vacation cannot be given for more than twice during the whole service period. This text reduced number of times a female worker can have this vacation to two times after it was three times in previous laws for workers in public and private sectors and in child law. The condition of the existence of fifty workers in the workplace so that a workingwoman can have this vacation did not exist in law 48/1978 for workers in public sector. Law for workers in public sector excluded workingwomen who follow it from the implementation of paragraphs 125 and 126 in social insurance law no. 79/1975. That means the unit (the company) pays insurance payments for the female worker during this vacation or the woman is given compensation equal to 25% of her salary and she pays her insurance share and the work’s share and she is given the choice between the two ways. 3. Sucking hours: Law gave working woman who breast feed her child the right to two periods for sucking for not less than half an hour each during the twenty four months following the giving birth date in addition to the decided rest period. The female worker has the right to join these two periods. These two periods are counted in work hours and do not lead to any reduction in wage. It is known that the original text suggested in law project gave sucking eighteen months after the giving birth date, but legislators responded in this text to the suggestions of labour forces who oppose the texts of this law to increase this period to two years. Sister worker The issues of sucking and childcare are related to the existence of a kindergarten near to workplace so that you can do your duty towards your child and breastfeed him during the formerly mentioned rest periods. The existence of a kindergarten is one of the responsibilities of the employer. He is committed by law, in case of hiring a hundred female workers or more in one place, to establish or arrange with a kindergarten to care for female workers’ children. Law also committed workplaces that use less than hundred female workers and share one area to jointly execute the commitments mentioned in the previous paragraph and establish a joint kindergarten. Brother and sister worker: Be sure to demand the employer to execute the formerly mentioned commitments so that you can preserve your remaining rights to vacations. Sister worker Be sure to demand the employer to execute the formerly mentioned commitment so that you can care after your child and do your duty towards it. |