Constitutional Court Annuls Payment of Five Percent Overtime Interest to Journalists

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  • November 19, 2019
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The Constitutional Court has ruled that the rule stipulating that employers who fail to pay overtime fee to journalists to pay an extra 5 percent fee for each day violates the Constitution.

After an action of debt was filed at the BakirkAly 13th Labor Court, it applied to the Constitutional Court, claiming that the rule stipulating that employers who fail to pay overtime fee to journalists to pay an extra 5 percent fee for each day is in violation of the Constitution.

Examining the application, the Constitutional Court ruled that the regulation is in violation of the Constitution.

The court, however, rejected the request of annulment of the rule stipulating that employers who fail to pay the normal fee to pay an extra 5 percent fee.

Labor Court: Rule grants privilege to journalists

The Labor Court said in its application that the rule clearly grants privilege to journalists over other employees and this undermines the principles of equality before the law, the rule of law and legal security.

Examining the application, the Constitutional Court argued that journalists, who have important duties such as informing the public, should be freed as much as possible from the influence of the employer in fulfilling this duty and their wages must be secured for this. However, it stated that it must be evaluated if the restrictions are a proportional measure.

Constitutional Court: A reasonable balance should be established

The decision, which argued that a reasonable balance should be established with the principle of proportionality, stated that the five percent extra payment rule could reach very high amounts and brought an excessive burden on the employer.

The court stated that it cannot be said that the mentioned rule stipulates a proportional limitation, considering the real inflation rates and legal interest rates in Turkey.

The rule was annulled due to violation of Articles 2, 10, 13 and 48 of the Constitution. The decision was taken by a majority vote against the opposing vote of four members.

Source: English Bianet