In brief
Female employees aged eighteen or over may work night shifts; however, before they start, a fitness report for night work is obtained from the workplace physician, and a night shift may not exceed 7.5 hours. In workplaces that are hard to reach by public transport, the employer provides transport. There is no night shift from the time a pregnancy is confirmed by a medical report until birth and for one year after birth; for a breastfeeding employee this period is extended by six months with a physician's report.
Which rules govern night work by female employees?
Night work by female employees is one of the few topics in labour law governed by a separate regulation. Art. 73 of Labour Law No. 4857 states that the procedures and principles for employing female workers aged eighteen or over on night shifts will be set by a regulation. Today this regulation is the Regulation on the Conditions for Employing Female Employees on Night Shifts (Official Gazette 24.07.2013, No. 28717). On site it is often simply called the "women's night shift regulation".
The regulation rests on these basic concepts:
- Night: Under Art. 69 of the Labour Law, the period starting at 20:00 at the latest and lasting until 06:00 at the earliest, of no more than 11 hours.
- Night shift: A period of work covering this night working time and not exceeding 7.5 hours (Art. 4).
- Female employee: A female employee aged eighteen or over. There is a separate rule for those under 18: they may not work at night in industrial work (Labour Law Art. 73).
The regulation applies to all workplaces covered by Law No. 6331. In businesses working three shifts in Bursa, such as textile and garment businesses, automotive supply lines and food production, shift plans for female employees should be drawn up according to these rules. We explained the general rules on night work that apply to everyone in our article on night work: the 7.5-hour rule; this article focuses on the conditions specific to female employees.
The 7.5-hour limit and the exception introduced in 2017
Art. 5 of the regulation was amended in 2017 (Official Gazette 19.08.2017, No. 30159). In its current form the rule is: female employees may not work more than seven and a half hours on night shifts. The exception is for three areas only: tourism, private security and healthcare services, and the work of subcontractors operating in workplaces where this work is carried out. In this work, if the female employee's written consent is obtained, night work of more than 7.5 hours may be scheduled.
| Workplace | Night shift duration | Condition |
|---|---|---|
| Textiles, garments, automotive supply, food production | At most 7.5 hours | No exception; overtime cannot extend the night shift either |
| Hospital, hotel, private security | May exceed 7.5 hours | Written consent of the female employee |
| Cleaning or catering subcontractor working in a hospital or hotel | May exceed 7.5 hours | Written consent of the female employee |
Consent is personal and must be in writing; rather than a general clause added to the employment contract, a dated consent form obtained separately from the employee scheduled for the night shift is safer in practice.
Night work health report: what is required for female employees?
Art. 7 of the regulation introduces two separate obligations:
- Before starting work: A health report showing there is no objection to the female employee working night shifts is obtained from the workplace physician working at the workplace.
- During employment: Taking account of the employee's particular situation and the risks in the workplace, the employer arranges health examinations at regular intervals set by the workplace physician.
This report requires an assessment separate from the pre-employment examination. The pre-employment report shows the person's fitness for the job; the night shift report separately assesses that person's fitness for night work. In practice, both assessments can be made at the same examination, but fitness for night shifts must be stated explicitly in the report.
In this assessment the physician looks at:
- Sleep patterns and conditions that could worsen sleeplessness,
- Regular medication and whether medication times fit the shift,
- Chronic illnesses and health problems that could be worsened by night work,
- Risks arising from the job itself (e.g. working alone on the night shift, heavy loads, noise),
- Particular circumstances declared by the employee, such as plans for pregnancy or a possible pregnancy.
Transport obligation for female employees
Under Art. 6 of the regulation, in two types of workplace the employer is obliged to take female employees on the night shift to and from the workplace from the centre nearest their home with suitable vehicles provided by the employer:
- Workplaces outside municipal boundaries,
- Workplaces within municipal boundaries where travelling by public transport at shift change times is difficult.
In metropolitan provinces such as Bursa, Kocaeli, Sakarya and Balıkesir, the metropolitan municipality's boundary is the provincial boundary (Law No. 5216 Art. 3). In these provinces, the second condition is usually decisive: if the shift ends at 24:00 and no public transport passes the workplace at that time, the transport obligation arises. Having a regular daytime bus route to a factory in an OIZ (organised industrial zone) is not enough; base the assessment on services at shift change times.
In the transport arrangements, pay attention to the following:
- The transport route should meet the "centre nearest the home" rule; a drop-off point that requires the employee to walk a long distance alone does not serve the purpose.
- Transport times should be planned around the end of the shift; an employee waiting at the workplace for a long time effectively extends night working time.
- If the vehicle and driver are provided by a contractor, the night shift times should be written clearly into the contract.
Night shifts during pregnancy and breastfeeding
Two regulations apply together here, and their wording differs. While Art. 9 of the Night Shift Regulation says the employee "may not be employed", Art. 8 of the Regulation on the Working Conditions of Pregnant or Breastfeeding Women says a pregnant employee "may not be forced" to work at night. In practice, the safe course is to take the night shift ban as the basis.
| Period | Rule | Basis |
|---|---|---|
| From confirmation of pregnancy by a medical report until birth | May not be employed on the night shift | Night Shift Reg. Art. 9/1; Pregnancy Reg. Art. 8/1 |
| 1 year from birth | May not be employed on the night shift | Night Shift Reg. Art. 9/1; Pregnancy Reg. Art. 8/2 |
| A further 6 months after 1 year | The ban is extended if documented by a workplace physician's report as necessary for the health of mother or child | Night Shift Reg. Art. 9/2 |
| Pregnant and breastfeeding employees, including daytime | May not work more than 7.5 hours a day | Pregnancy Reg. Art. 9 |
During these periods, work is arranged so that it falls on day shifts (Art. 9/3). The shift of an employee who reports a pregnancy should be reviewed the same day, and the shift planner should be given only a "no night shift" note without any health information. For other restrictions during pregnancy, see our article on pregnant and breastfeeding employees.
Female employees whose spouse works shifts, and the name list
The regulation contains two more practical rules:
- If the spouse also works shifts (Art. 8): At the request of a female employee whose husband works in shifts at the same or another workplace, her night shift is arranged so that it does not coincide with her husband's. If spouses working at the same workplace wish to work on the same night shift, the employer meets this request as far as possible. This rule is usually requested for childcare reasons; take the request in writing and note it on the shift plan.
- Name list (Art. 10): An employer employing female employees on night shifts keeps a name list of these employees at the workplace to show labour inspectors during inspections. Update the list whenever the shift plan changes.
Implementation checklist for textile businesses
In textile and garment businesses with many female employees, night shifts can be managed with these steps:
- Is there a workplace physician's report for every female employee to be put on the night shift?
- Does the night shift exceed 7.5 hours of actual work excluding breaks? Is overtime added to the night shift when orders are heavy?
- Is there public transport at shift change time; if not, have transport routes and times been set?
- Was the shift of an employee who reported a pregnancy or birth moved to days on the same day?
- Has it been asked whether an extension by physician's report is needed for a breastfeeding employee?
- Are the requests of employees whose spouses work shifts recorded?
- Is the name list of female employees on the night shift up to date?
- Are there trained first aiders and an emergency team on the night shift?
For fatigue and shift rotation in shift-based businesses, our article on OHS in shift-based production in Bursa OIZs, and for sector-specific risks, our textile sector page offer guidance. We handle night shift reports and the physician's examination plan through our workplace physician service, and monitor OHS gaps in shift arrangements under our OHS specialist service.
Frequently Asked Questions
Can a female worker work on the night shift?
Yes. Female employees aged eighteen or over may work on the night shift after a fitness report for night shifts has been obtained from the workplace physician. A night shift may not exceed 7.5 hours; only in tourism, private security and healthcare work can this be exceeded with the employee's written consent.
Who issues the night work health report?
The report is obtained from the workplace physician working at the workplace. The physician also sets the intervals at which re-examination will be carried out during employment.
Is providing transport for female employees always mandatory?
It is mandatory in workplaces outside municipal boundaries and in workplaces where travelling by public transport at shift change times is difficult. Transport is arranged to pick up and drop off the employee at the centre nearest their home.
When can a breastfeeding employee return to the night shift?
She may not be employed on the night shift for one year from birth. If documented by a workplace physician's report as necessary for the health of mother or child, this period is extended by a further six months.
A physician assigned for the time your hazard class requires: pre-employment and periodic examinations, fitness-for-work reports and health surveillance.
Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.