Re-thinking Part-Time Employment Contracts under Turkish Law within the context of Divisible Monetary Benefits and Especially Concerning Remuneration for Additional Hours considering the Court of Justice of the European Union’s Case Law

This study examines the treatment differences between part-time and full-time employees in Turkish labour law, focusing on divisible and indivisible benefits and additional working hours. It highlights the Turkish Labour Code’s Article 13, which mandates pro rata temporis, requiring that divisible monetary benefits be calculated proportionally to hours worked. The paper argues that the views put forward in the doctrine regarding indivisible benefits, which suggest that solutions should be reached based on the purpose of granting indivisible benefits, should also apply to divisible monetary benefits. Given the law’s broad regulation concerning divisible benefits, it is stated that this regulation should be limited through teleological interpretation and that divisible monetary benefits that are independent of working hours should also be provided fully to part-time employees, rather than proportionally. This paper also highlights the discrepancy in premium rates for hours that exceed normal working hours. It argues that this difference lacks a legitimate basis. Drawing on recent rulings by the Court of Justice of the European Union, it proposes revising Turkish labour laws to align more closely with EU principles and ensure that part-time employees receive fair compensation and benefits without facing systematic disadvantages due to their employment contract type.