According to the KDK decision, a person working as an emergency physician in a hospital completed 8 hours of training upon employment.
The person stated that the training was carried out outside working hours and that he was not entitled to any remuneration or leave based on his involvement in the training, and asked the KDK to grant his request.
KDK, which accepts training outside working hours as “overtime”, has decided to recommend to the Ministry of Health to grant the applicant vacation and, if this is not possible, to pay overtime.
Of the decision
The KDK's decision stated that the plaintiff had attended an 8-hour training course, that this training took place outside of the plaintiff's working hours and that the training in question was in-service training to refresh professional knowledge and skills.
Given the continuity and intensity of health services, the decision noted that a balance should be established and maintained between staff's right to rest and work efficiency and that it would be appropriate to use vacation days acquired through overtime within the same year.
The decision noted that administrations have discretion over the use of overtime and that in cases where it is not possible to use vacation in return for overtime, the employee must be paid.
The decision states: “Any action to the contrary violates the article of the Constitution regulating the prohibition of forced labor and the article stating that wages are a consideration for labor.” Expressions were used.
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