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Can employees leave work early during Ramadan?
10:00 / 06.03.2024
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Question
Greetings, may the coming month of Ramadan be blessed to all of you. I am the head of the organization. What relief can I give to our employees so that they can legally leave work early during Ramadan?
Answer
In order to provide relief to employees during Ramadan, we offer the following methods:
The first method: according to Article 13 of the Labor Code, other legal documents on labor may provide for additional rights and guarantees for employees compared to those established in the labor legislation. What are other legal documents about labor?
According to Article 12 of the Labor Code, other legal documents on labor include:
collective agreements;
collective agreements;
internal documents adopted by the employer in accordance with the agreement with the trade union committee;
internal documents, including individual legal documents that the employer adopts on his own within the scope of his authority.
Therefore, other legal documents on labor may provide for special guarantees for employees during Ramadan.
What if the organization's collective agreement or collective agreement does not provide special guarantees for the month of Ramadan?
Please note that the list of other legal documents on labor includes individual legal documents that the employer adopts on his own within the framework of his powers.
That is, although collective agreements or collective agreements do not provide for guarantees for employees during the month of Ramadan, individual legal documents (orders, orders, decisions) adopted by the employer within the framework of his powers may provide for separate guarantees.
Because, as we have analyzed above, individual legal documents that the employer adopts on his own within the framework of his powers are included in the list of other legal documents about labor.
The second method: according to Article 204 of the Labor Code, during the working day (shift), the employee must be given a break for rest and food, the duration of which is at most 2 hours and at least 30 minutes, and which is not included in the working time. In the rules of the internal labor procedure or in the labor contract, if the duration of the daily work (shift) set for the employee does not exceed four hours, it may be stipulated that he will not be given this break.
The time and exact duration of a break for rest and meals are determined by the rules of the internal labor procedure or according to the agreement between the employee and the employer.
Therefore, instead of the 1-hour break for rest and meals, which we are used to in practice, if we give them 30 minutes to rest, then the fasting employees will be able to leave 30 minutes earlier.
The third way: In Ramadan, part-time working hours can be assigned to an employee. This is stipulated in Article 186 of the Labor Code.
The fourth method: It is possible to give leave even before the time specified in the schedule. This is stipulated in Article 228 of the Labor Code.
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