Overtime Wage

Overtime Wage

How many hours are worked in Turkey?

Work exceeding 45 hours per week is considered overtime in Turkey. In cases where the averaging principle is applied, if the employee's average weekly working hours do not exceed the normal weekly working hours, occasional work exceeding a total of 45 hours in some weeks is not considered overtime (Art. 41/1). According to the leading decisions of the Court of Cassation, work exceeding 11 hours per day is also considered overtime.

The Turkish Labor Law categorizes overtime into three types:

1. Normal Overtime Work: Overtime performed for reasons such as the general interest of the country, the nature of the work, or increasing production (Art. 41/1).

2. Compulsory Overtime Work : Overtime performed during breakdowns, urgent repair situations, urgent work for machines or equipment, or due to compelling reasons, provided that it does not exceed the normal operation of the workplace (Art. 42).

3. Overtime Work In Emergency Situations: Overtime performed in workplaces meeting the requirements of national defense during mobilization, and can be performed to the extent that daily working hours can be increased to the maximum capacity of the worker if necessary, as determined by the President (Art. 43).

Among these types of overtime, only normal overtime is subject to the approval of the employee (Art. 41/7). This approval must be in writing, obtained either at the time of employment contract or when the need arises, and must be kept in the employee's personnel file. An employee who does not wish to work overtime may revoke their approval by giving written notice to the employer 30 days in advance (Directive Art. 9). Administrative fines are imposed on employers who require employees to work normal overtime without such approval (Art. 102/1-c). Additionally, an annual limit of 270 hours of normal overtime is specified per worker. This hourly limit applies individually to each worker. Compulsory overtime must not exceed the level necessary to maintain normal workplace operations, while extraordinary overtime can be performed up to the maximum capacity of the worker's working ability. Wages for each hour of overtimeshall be remunerated at one and a half times the normal hourly rate.

Art. 41 "Overtime work may be performed for purposes such as the country's interest, the nature of the operation or need to increase output. Overtime work is work which, under conditions specified in this Act, exceeds forty-five hours a week. In cases where the principle of balancing is applied in accordance with Art 63, work which exceeds a total of forty-five hours a week shall not be deemed owertime work, provided the average working time of the employee does not exceed the normal weekly working time. Wages for each hour of overtime shall be remunerated at one and a half times the normal hourly rate. In cases where the weekly working time has been set by contract at less than forty-five hours, work that exceeds the average weekly working time done in conduction with the principles stated above and which may last only up to forty-five hours weekly is deemed to be work at extra hours. In work at extra hours, each extra hour shall be remunerated at one and a quarter times the normal hourly rate. If the employee who has worked overtime or at extra hours so wishes, rather than receiving overtime pay he may use, as free time, one-hour and thirty minutes for each hour worked overtime and one hour and fifteen minutes for each extra hour worked. The employee shall use the free time to which he is entitled within six months, within his working time and without any deduction in his wages. No overtime work shall be done in work of short or limited duration due to health reasons mentioned in the last subsection of Art 63 as well as in night work stated in Art 69. The employee's consent shall be required for overtimework. Total overtime work shall not be more than two hundred seventy hours in a year. Overtime work and its methods shall be indicated in a regulation to be issued."

Art.102/c "An employer or his representative shall be liable to a fine of  two hundred twenty million liras for each employee in the following categories: if he fails to pay the employee overtime wages indicated in Art. 41; if he fails to allow the employee to use the free time to which he is endtitle within six months; and if he does not obtain the employee's approval for work at extra hours."

Through the overtime consent form signed by the employee, the employee accepts to work up to 270 hours of overtime per year, provided that the daily total working time does not exceed 11 hours, as necessary for the general interests of the country, the nature of the work, production increase, and other reasons deemed necessary by the employer. Therefore, the claim that overtime pay is paid to the employee is not accepted. In this case, the monthly salary should correspond to 258.75 hours. There is a minimum wage in the contract that must be paid to the employee according to the formula. This formula is valid for the employee's 270 hours of work, and the employee is entitled to overtime pay under the provisions of the Labor Law. If the amount calculated in the formula is paid to the employee, this will be the payment. 

The contractual provision that includes up to 270 hours of annual overtime pay in the salary is only valid if the salary is calculated according to the total minimum wage / 225x258.75 formula. If the salary is less than this formula, the contractual provision is invalid. Your overtime pay will be calculated by an expert witness in the relevant field and paid to you.

Witnesses are very important in labor compensation lawsuits. The testimony of at least two insured employees who have worked with you is crucial for the labor compensation case in favor of the employee. However, there is a nuance: the witnesses must not have any litigation with the defendant employer.

It's important for witness statements to be suitable for calculations. Statements such as "I worked when called" or "We sometimes worked overtime when there was work" are not suitable for calculations. However, a statement like "I worked three days a week for two extra hours each day" is suitable for calculations. Therefore, witness statements must be concrete.

Additionally, witnesses must personally observe the working conditions at the workplace. Claims proven by witnesses are considered proven only for the period during which the witness worked. Therefore, calculations are limited to the period when the witness worked with the plaintiff worker.

The testimony most favorable to the defendant given by the plaintiff's witnesses, and the testimony most favorable to the plaintiff given by the defendant's witnesses, are taken into account.