ABSTRACT

Duty watch refers to the time the worker is ready to respond to the call to be made by the employer at any time. The worker who is on duty watch only performs his duty to work at the workplace in case of being called. In Turkish Labor Law, there is no legal regulation that all or a part of the duty watch that the worker spends outside the workplace should be considered as working time. For this reason, this situation has been the subject of judicial decisions in our country. Considering the decisions of the Court of Justice of the European Union on this subject, it is concluded that it is important while deciding whether the time spent on duty watch should be considered as working time it should be determined that who decides where the employee fulfills his watch and whether there are any restrictions on this period or not. In the study, this subject will be explained by taking into account the decision of the 9th Civil Chamber of the Supreme Court of verdict, dated 17.09.2020 and based 2016/2212 and numbered 2020/8240.