Underground Miners and Working Conditions
Article 7 of the Omnibus Law No. 6552, and the first paragraph of Article 63 of the Law No. 4857, to be effective as of 01.01.2015, “Working time underground for workers working in underground mining works; maximum thirty-six hours per week and not more than six hours per day.” working hours are determined below 45 hours per week specified in the Labor Law. In addition, this regulation is valid only for workers working in underground mining works, while the weekly working time will continue to be 45 hours for other underground workers.
With the law numbered 6652, the regulation of working hours for the underground mine workers started to be implemented as of 01.01.2015, and shortly after this application, this application was made with the 34th article of the bag law numbered 6645, which was accepted in the General Assembly of the Parliament on 04.04.2015. The deadlines have been changed again. While a working system was established by using 6 hours per day and 36 hours per week specified in the bag law numbered 6652 and half an hour of rest according to paragraph b of article 68 of the Law numbered 4857, with the new regulation, with the 36th article of the Law numbered 6645, the working conditions were changed as the daily working time. It has been changed again to be a maximum of 7.5 hours and a weekly working time of up to 37.5 hours.
In this case, the rest periods of the employees will continue to be used as half an hour, since the daily working time does not exceed 7.5 hours at the most. However, in the last paragraph of Article 41 of the Law No. 4857, if the workers working in underground mining works exceed the daily working hours specified in the law, in other words, in case of overtime work, the rest periods must be used as one hour according to the 68/c paragraph of the same Law. .
However, since the weekly working hours for the underground mine workers, according to the second paragraph of the 63rd article of the Law No. 4857, are determined as 7.5 hours for the mine workers working here underground (provided that they do not exceed eleven hours per day). While a working time of less than 7.5 hours can be determined, a working time of more than 7.5 hours cannot be determined. For example, with the contract, employers may set the working hours of the workers as five hours on the first day, 7.5 hours on the second day, 7.5 hours on the third day, 7.5 hours on the fourth day, 7.5 hours on the fifth day and 3.5 hours on the sixth day. may be determined in a different way according to the working conditions. It should be noted that it should not exceed 7.5 hours per day and 37.5 hours per week at most.
On the other hand, for mine workers working underground, it is also necessary to pay attention to the situations that are counted as working time in Article 66 of the Law No. 4857. In paragraph (a) of this article, it is stated that the time required for the workers to descend or enter the wells, tunnels or main working places and leave these places shall be taken into account in the works to be carried out in mines, quarries or in any way underground or underwater. Therefore, when calculating the working time, the time the workers go down to the mine and the time they leave the mine should be taken into account. On the other hand, in other cases considered as working time, it should be taken into account separately by the parties.