UNDERSTANDING OVERTIME WORK AND PAY UNDER TURKISH LABOR LAW
Overtime pay in Turkey refers to the wage entitlement a worker earns for working beyond the weekly working hours specified in the Labor Law, following the employer’s orders and instructions. As part of the broader concept of wages, failure to provide overtime pay places the employer at risk of compensation liability.
Overtime work in Turkey is defined under Labor Law No. 4857 as any work exceeding 45 hours per week. However, the conditions and limits for overtime are regulated by Article 63 of the Labor Law and the Regulation on Working Hours Related to the Labor Law. In essence, any work surpassing 45 hours per week is considered overtime.
Unless otherwise agreed, the standard 45-hour workweek is evenly distributed across the working days. However, employers and employees may mutually agree on specific working hours for each day. Regardless of the arrangement, any work exceeding 45 hours per week qualifies as overtime work in Turkey.
The 45-hour weekly working limit is not mandatory; employers may establish shorter weekly working periods. Additionally, employers can require employees to work up to 11 hours per day without triggering entitlement to overtime pay in Turkey, provided the weekly 45-hour limit is not exceeded. However, the daily 11-hour limit is absolute, and employees cannot consent to exceed it.
For more detailed guidance on overtime work in Turkey, visit our “Labor Law in Turkey” section.
WHAT IS OVERTIME PAY IN TURKEY?
The application of overtime pay in Turkey emerged to compensate the worker’s extra effort and time when the employer requires work outside of the weekly working hours. This payment aims to provide fair compensation for overtime hours by increasing the worker’s regular wage.
Overtime wage in Turkey is a different form of payment from the worker’s regular wage. The worker is entitled to receive 50% more than their regular hourly wage for each hour worked during overtime in Turkey. This is generally referred to as “overtime pay” or “extra work pay.” It aims to provide an additional financial benefit for every extra hour worked beyond the designated weekly working hours.
The Turkish Labor Law and relevant regulations contain specific provisions regarding overtime work in Turkey. These provisions are designed to encourage the worker’s extra effort and ensure that the employer compensates overtime hours fairly.
IS OVERTIME IN TURKEY CALCULATED BASED ON GROSS SALARY?
Overtime in Turkey is calculated based on gross salary, not net salary. For example, if the gross minimum wage in 2025 is 26,005.50 TL:
- In 2025, since the gross minimum wage is set at 26,005.50 TL, if this gross wage is taken as the basis for calculating overtime in Turkey, the hourly gross minimum wage is 115,58 TL, and the hourly overtime wage in Turkey for the minimum wage is 173,37 TL.
However, these figures represent the minimum limits. If the employee’s salary exceeds the minimum wage, overtime pay is calculated based on the higher gross salary. The employee’s net salary does not directly affect overtime calculations because these calculations are based on gross salary. Since net salary is a value after taxes, insurance deductions, and other financial components, overtime calculations rely on gross figures.
HOW IS OVERTIME CALCULATED IN TURKEY?
The first step in calculating overtime pay in Turkey is determining the worker’s gross salary. First, the worker’s monthly salary is determined, and then the hourly wage is calculated. Overtime pay is found by applying a specific coefficient to the hourly wage.
For example, if a worker works 55 hours in a week and their monthly gross salary is 30,000.00 TL:
- To calculate hourly wage: 30,000 ÷ 225 = 133.33 TL
- To calculate the overtime hourly rate with a 50% increase: 133.33 × 1.5 = 200 TL
- To calculate overtime pay: Total overtime hours × overtime hourly rate
- Overtime hours: 55 – 45 = 10
- Overtime pay: 10 × 200 = 2,000 TL
In this case, if the employee works 55 hours, an overtime payment of 2,000 TL will be made. According to Article 5/2 of the Overtime Regulation, when calculating overtime hours, periods of less than half an hour are rounded up to half an hour, and periods exceeding half an hour are rounded up to one hour.
How Much is One Hour of Overtime in Turkey?
The calculation for one hour of overtime pay in Turkey involves determining the worker’s gross hourly wage and applying the overtime coefficient.
Hourly Wage Calculation in Turkey:
- Monthly gross salary ÷ 225 (monthly working hours) = Hourly wage
- Example: 3.000 TL ÷ 225 = 13.33 TL/hour
Overtime Pay Calculation in Turkey:
- Hourly wage × 1.5 (50% overtime increase) = Overtime pay
- Example: 13.33 × 1.5 = 20 TL/hour
For 2025:
- Hourly gross minimum wage: 115,58 TL
- Overtime pay: 115,58 TL × 1.5 = 173,37 TL/hour
Employers can calculate payments for overtime work in Turkey using this formula, though actual figures may vary depending on workplace policies.
Points to Consider in Overtime Pay Calculations in Turkey
- Daily Work Hour Limits: The maximum daily working hours are 11 hours in Turkey. Even if the weekly total does not exceed 45 hours, work exceeding 11 hours in a day is considered daily overtime. For night work, the maximum is 7.5 hours per day; overtime pay must be provided for night work exceeding this limit.
- Compliance with Health Regulations: According to health regulations, work exceeding 7.5 hours per day, or the designated shorter working hours for specific jobs, is considered overtime. For jobs requiring less than 7.5 hours of daily work, any work exceeding the prescribed daily working hours falls under overtime. Whether the statutory 45-hour weekly limit has been exceeded is irrelevant in such cases, as these are calculated on a daily basis.
- Continuous Work Status: Whether the employee is continuously working is not significant when calculating working hours. The time periods during which the employee is under the employer’s authority and ready to perform tasks as required are also included in the calculation of working hours. Situations specified under Article 66 of the Labor Law must be taken into account when determining working hours.
Effect of Break Periods on Working Hours in Turkey
According to the third paragraph of the Regulation on Working Hours, working hours refer to the time spent by a worker on a specific job. Additionally, the periods specified under Article 66 of the Labor Law are also included in working hours. However, break periods granted under Article 68 of the Labor Law are not included in working hours.
When determining the weekly working hours, the time interval between when the worker starts and ends their shift is considered. However, there may be non-working intervals during this time, such as lunch breaks, tea breaks, or rest periods. These break periods are not included in overtime calculations and are deducted from the total weekly working hours.
According to the Turkish Labor Law, break periods are as follows:
- For jobs lasting up to four hours: fifteen minutes
- For jobs lasting more than four hours and up to seven and a half hours (including seven and a half hours): thirty minutes
- For jobs lasting more than seven and a half hours: one hour
Break periods must be granted to workers in Turkey. Especially in work shifts exceeding 11 hours, the Supreme Court practices recognize a break period of 1.5 hours. These regulations aim to protect workers’ rights and ensure workplace health and safety.
LEGAL LIMITATIONS ON OVERTIME WORK IN TURKEY
The Labor Law and the Regulation on Overtime and Additional Hours Work foresee limitations on overtime work in certain situations. These limitations are as follows:
- Workers in Underground Mining Jobs: Except for compulsory or extraordinary reasons, workers employed in underground mining cannot be required to work overtime. Considering the specific nature and risks of underground mining, the working hours for these workers are subject to certain restrictions.
- Jobs Requiring a Daily Working Time of 7.5 Hours or Less Due to Health Regulations: For specific jobs where health regulations apply, daily working hours are limited to 7.5 hours. In such cases, workers cannot be required to work more than 7.5 hours per day in Turkey.
- Night Work: In jobs performed during nighttime, overtime work is restricted. This limitation aims to ensure that night work is managed more carefully in terms of worker health and safety.
- Jobs Performed Underground or Underwater, such as Mining, Cable Laying, Sewer Construction, and Tunnel Construction: Workers employed in such risky jobs cannot be required to work overtime. This measure is aimed at enhancing the safety of workers employed under particularly dangerous conditions.
These limitations aim to protect workers’ rights, ensure occupational health and safety, and consider the specific conditions of workers employed in risky and demanding jobs. These provisions are introduced to ensure that workers operate under safe working conditions.
WORKERS PROHIBITED FROM WORKING OVERTIME IN TURKEY
The Regulation on Overtime and Additional Hours Work legally prohibits certain groups of workers from performing overtime work in Turkey. The following groups of workers are prohibited by law from working overtime in Turkey:
- Workers Under the Age of 18: The Labor Law prohibits young workers under 18 years of age from working overtime in Turkey. This regulation aims to protect young workers from excessive work, considering their education and health.
- Workers Whose Health Conditions Prevent Overtime as Certified by a Workplace Doctor or a Report by the Social Security Institution’s Doctor: Workers who cannot perform overtime due to their health conditions are not required to do so if they provide certification from a workplace doctor or a Social Security Institution doctor.
- Pregnant, Postpartum, and Nursing Workers: Overtime work in Turkey is prohibited for workers during pregnancy, postpartum, or nursing periods. This prohibition aims to protect their health and the well-being of their babies during this period.
- Workers with Part-Time Employment Contracts: Part-time workers cannot be required to work overtime beyond the hours specified in their employment contracts. This regulation aims to keep workers’ working hours within pre-determined limits.
Workers prohibited from working overtime in Turkey have the right to terminate their employment contracts for just cause if forced to perform overtime. This provision aims to protect workers’ rights regarding health, family situations, or specified working hours.
PROFESSIONS IN TURKEY WITHOUT THE RIGHT TO OVERTIME PAY
According to precedents established by the Court of Cassation, workers in certain professions are not entitled to overtime pay in Turkey. These situations include:
- Medical Representatives:
- Typically, they determine their own working hours.
- Overtime work is determined by closely examining their daily activities and work schedules.
- Senior Executives:
- Senior executives who perform their duties autonomously, receive high salaries, and do not have another senior executive providing instructions in the same workplace determine their own working days and hours.
- In this case, they are not entitled to overtime pay in Turkey.
- Concierges:
- Concierges are subject to flexible working hours.
- Considering that concierge housing is located within the workplace, their overtime work is not recognized.
These professional groups are typically exempt from overtime pay provisions in Turkey because they either have the authority to determine their own working hours or are not expected to perform overtime under specific conditions.
COMPENSATION FOR OVERTIME WORK THROUGH LEISURE TIME IN TURKEY
A worker who performs overtime has the right, upon request, to use free time instead of receiving increased overtime pay. For each hour of overtime worked, the worker is entitled to 1 hour and 30 minutes of leisure time. This duration may be extended through mutual agreement.
The worker’s right to use leisure time instead of receiving additional pay depends on their personal preference. Employers cannot refuse this request. Employers are obligated to accept the worker’s request and cannot prevent the worker from exercising this right.
According to Article 41 of the Labor Law No. 4857, the worker may use 1 hour and 30 minutes of leisure time for each hour of overtime worked. In total, 7.5 hours of leisure time can be granted during working hours. The worker is entitled to use the accumulated leisure time within six months without any deductions from their working hours or wages.
OVERTIME WORK REGULATION FOR NIGHT SHIFTS IN TURKEY
The dynamic working conditions in the labor market, particularly working hours during night shifts, are a significant concern for both employers and employees. This highlights the necessity to regulate working hours, protect employee rights, and provide solutions suitable for specific sectors in the private sector.
The Turkish Labor Code regulates overtime in night shifts by imposing certain responsibilities on both employees and employers while considering exceptions in this area.
Overtime Conditions and Obligations for Night Shifts in Turkey:
- Working Hours and Shift Schedules: Night shifts are planned in such a way that at least three shifts are scheduled within a 24-hour period. This regulation allows the possibility to organize the work schedule into three 8-hour shifts in workplaces operating 24 hours a day. Thus, an employee can be scheduled to work a maximum of 7.5 hours during the night shift, and overtime should not be applied for night work.
- Exceptions: In workplaces such as tourism, private security, and healthcare, night work can be applied in two shifts over a 24-hour period. However, even in such cases, the working hours stipulated in the Labor Code must be followed.
- Employee’s Written Consent: If the employee is to work less than 7.5 hours during the night, the employer or their representative is not required to obtain written consent from the employee. However, if overtime work in Turkey is planned for more than 7.5 hours, written consent must be obtained from the employee.
- Overtime Pay for Night Workers: The Labor Code does not include a specific provision for overtime pay in Turkey for night workers. However, night shift work can be compensated with overtime in Turkey through employment contracts or collective bargaining agreements. These payments usually include a 10% increase and may be referred to as “night premium” or “night bonus.”
- Employee Rights and Obligations in Night Shifts:
- Children and young workers under 18 cannot be employed for night shifts.
- For female workers over the age of 18, the approval of the Ministry of Health must be obtained for night shift work.
- Employers are required to obtain a health report before assigning night shifts to female workers.
- If overtime exceeds 7.5 hours during the night shift, written consent must be obtained from the employee.
- Employers must comply with the limitations set by the Labor Code for night shift work.
- Non-compliance with the overtime regulations for night shifts results in administrative fines as per articles 69 and 104 of the Labor Code. Employers or their representatives who fail to comply with the night shift regulations may face administrative penalties.
In light of this information, compliance with the Turkish Labor Code is essential to protect employee rights and obligations regarding night shift overtime work in Turkey.
DIFFERENCE BETWEEN OVERTIME AND ADDITIONAL WORK HOURS
Overtime and additional work hours represent different concepts in labor law.
- Additional Work Hours: When the weekly working hours are determined to be less than 45 hours, work carried out beyond the specified weekly working hours, up to 45 hours, is classified as additional work hours.
- Overtime: Work performed beyond the 45-hour weekly work schedule is referred to as overtime.
Additional work hours refer to the work done beyond the normal weekly working hours up to 45 hours, while overtime refers to the extra hours worked outside the 45-hour weekly work limit. An employer may request employees to work additional hours until the 45-hour weekly work limit is reached, and the payment for this work is calculated with a 25% increase on the normal wage. For overtime beyond 45 hours, the wage is calculated with a 50% increase on the normal wage.
TIME OF PAYMENT FOR OVERTIME WAGE IN TURKEY
The employee’s overtime wage in Turkey is paid along with their regular wages. According to Article 10 of the Overtime Regulation, the employer is required to issue a document detailing the overtime hours worked by employees. A signed copy of this document must be kept in the employee’s personal file. These payments must be detailed on payrolls and pay slips.
IS UNPAID OVERTIME IN TURKEY A JUST CAUSE FOR TERMINATION?
One of the employer’s fundamental obligations in employment contracts is to pay the employee’s wages on time and in full. If wages, including working overtime, are not calculated or paid according to legal requirements or contract terms, the employee is entitled to terminate the employment contract for just cause, as stipulated in Article 24 of the Labor Code. Therefore, unpaid overtime constitutes just cause for termination.
When overtime in Turkey is not provided, the employee can claim severance pay, overtime wages, national holidays, and general holiday pay after leaving the job. However, the employee will not be entitled to notice pay.
The employee has the burden of proving their claim for unpaid overtime in Turkey. It is essential to sign the payrolls while reserving any claims for unpaid overtime. Even if the employee does not sign the payroll, they can prove their overtime claim in Turkey with witness statements and entry-exit records.
However, the witnesses must be individuals who worked during the same period and are familiar with the workdays and hours. The entry-exit records are strong evidence of overtime claim in court. If the employer fails to comply with wage obligations, the employee has the right to use their just cause for termination and protect their rights.
LEGAL RIGHTS OF EMPLOYEES WITH UNPAID OVERTIME IN TURKEY
Article 34 of the Labor Code states that if the employee’s wages are not paid within twenty days from the due date, without any force majeure, the employee may refuse to perform their duties. Since overtime wage in Turkey is paid along with regular wages, the 20-day period in the law starts from the due date of the regular wages.
According to the overtime regulations of the Labor Code, employees who do not receive their overtime pay may refuse to work, and their contracts cannot be terminated or replaced by another worker.
As per Article 24/II-e of the Labor Code, if the employer does not calculate or pay the employee’s wages in accordance with the law or contract terms, the employee may terminate the employment contract for just cause. Therefore, unpaid overtime in Turkey constitutes just cause for termination, and the employee can terminate the contract and benefit from the legal consequences of this termination. Whether the employer has paid part of the overtime or has not paid any, it does not prevent the employee from exercising this right.
Actions Employees Can Take For Unpaid Overtime in Turkey:
If overtime pay in Turkey is not paid, the employee is entitled to terminate the employment contract for just cause. The employee must first attempt mediation before filing a lawsuit; otherwise, the case will be dismissed on procedural grounds. The employee must prove their claim for overtime work in Turkey.
- Send a written notice to the employer: The employee can send a written notice to the employer requesting payment for unpaid overtime in Turkey. This notice will serve as a formal warning to the employer.
- Terminate the employment contract: Unpaid overtime wage in Turkey constitutes just cause for termination. However, the employee is advised to seek legal advice before exercising this right.
- File a lawsuit with the Labor Court: The employee can file a lawsuit in the labor court for unpaid overtime wages. Before filing the lawsuit, the employee must not forget to initiate mandatory mediation; otherwise, the case will be dismissed on procedural grounds.
- Report to relevant authorities: The employee can file a complaint with the relevant authorities, such as the Ministry of Labor and Social Security or İŞKUR, to report the employer for unpaid overtime wages.
In Turkish labor law, while the Labor Code serves as the primary legal framework, decisions made by Labor Courts and higher courts provide significant guidance for application. Here are some key precedent decisions related to overtime pay:
- Punch Card Period vs. Witness Testimony:
Overtime can be proven through punch card records for the periods where such records exist, and through witness testimony for other periods.
(Court of Cassation, 22nd Civil Chamber, 2017/7690 E., 2017/10364 K., May 8, 2017) - Excluding Annual Leave Periods:
The periods during which annual leave was not worked should be excluded from overtime calculations.
(Court of Cassation, 9th Civil Chamber, 2010/17818 E., 2012/25792 K., July 3, 2012) - Deducting Breaks from Overtime:
Break periods should be deducted from the total overtime hours. It is incorrect to omit all break periods from the calculation.
(Court of Cassation, 22nd Civil Chamber, 2012/11806 E., 2013/1258 K., January 29, 2013) - Testimony of Former Employees:
Statements from employees who left the job before the plaintiff should only be considered for the period up until their departure.
(Court of Cassation, 9th Civil Chamber, 2009/28466 E., 2011/47142 K., December 5, 2011) - Witness Testimony for Overtime:
A witness’s testimony only proves overtime for the period during which they worked together with the plaintiff.
(Court of Cassation, 9th Civil Chamber, 2010/2714 E., 2012/11039 K., April 2, 2012) - Inapplicability of Practices from Other Construction Sites:
A report based on the work practices from another construction site should not be used as a basis to decide on the overtime claim. Practices from another workplace are not considered precedents.
(Court of Cassation, 9th Civil Chamber, 2015/11781 E., 2017/13759 K., September 20, 2017) - Approval of Time Sheets in Official Workplaces:
In official workplaces, time sheets, even if unsigned, can be considered valid if approved.
(Court of Cassation, 9th Civil Chamber, 2012/18021 E., 2012/32780 K., October 3, 2012) - Credibility of Testimony from Relatives and Close Connections:
Testimonies from witnesses who are relatives, clients, neighbors, or co-workers are unreliable for proving working hours, as they are unlikely to know the actual working hours at the workplace.
(Court of Cassation, 22nd Civil Chamber, 2013/14874 E., 2014/17902 K., June 18, 2014)
OVERTIME CLAIM CASE IN TURKEY
In the event of non-payment of overtime work in Turkey, the legal recourse includes filing a overtime claim lawsuit. This lawsuit may not only involve a claim for past overtime, but also the worker’s other entitlements and compensations. During the lawsuit process, it is essential to strictly adhere to procedural rules, not just focus on the substantive issues. First, it is crucial to determine whether the overtime claim concerns overtime during night shifts or claims for working extra hours. This is important because calculating overtime pay in Turkey requires technical knowledge, and determining the nature of the overtime is the first step.
Before filing a lawsuit for overtime work in Turkey, the mandatory mediation process must be followed. Mediation is an alternative dispute resolution method aimed at resolving conflicts between the parties. The worker can directly communicate their overtime claim for past overtime to the employer during mediation and negotiate. After this step, the lawsuit can be filed. However, for the lawsuit to succeed, documents such as pay slips and records of employee check-ins and check-outs provided by the employer are crucial. If the worker is unaware of the details in these documents, they may opt for filing a claim for an unspecified debt.
In this process, where procedural issues take precedence over substantive ones, even the smallest mistake in the legal process could have serious consequences. Therefore, cooperating with a lawyer specialized in labor law is essential to ensure the lawsuit proceeds smoothly.
Court Competence and Jurisdiction in Overtime Pay Lawsuits:
Since overtime pay in Turkey is considered part of wage claims, labor courts are responsible for resolving disputes in this regard. The competent court for overtime pay claims is the court in the jurisdiction where the defendant’s residential or business address is located, or the court where the work was carried out.
Important Considerations in Overtime Claim Lawsuits:
Under the Labor Law, it is the worker’s responsibility to prove the overtime claim in Turkey. The worker must support their claims with consistent records, witness statements, and other evidence to prove they worked overtime without receiving overtime pay. Once these claims are substantiated, the employer is required to pay the worker for the past overtime claims.
- Definition of Overtime Pay: Overtime pay in Turkey is the compensation paid to workers for additional hours worked beyond regular working hours. It is paid according to the rates specified in the individual employment contract or collective bargaining agreements between the employer and the worker.
- Documentation Responsibility: The employer is required to prepare a document containing the working hours of employees who worked overtime and extra hours, and keep a signed copy in the employee’s personnel file. If overtime is not included in the pay slip, the Court of Cassation recommends calculating the pay based on witness testimonies.
- Importance of Written Approval: Overtime work between the employer and the worker should not occur without written approval. The worker has the responsibility to prove whether overtime pay has been received or not.
- Record-Keeping Practice: The worker should keep consistent records of their working hours and pay if they are claiming overtime pay in Turkey. These records can be compared with the employer’s records to look for inconsistencies.
- Overtime Instruction: The worker should obtain a signed overtime instruction from the employer when working overtime. This instruction shows that the employer determined the working hours and called the worker for overtime.
- Blank Spaces in Pay Slips: A blank space in the overtime section of the pay slip does not mean the worker did not work overtime. The worker can prove they worked overtime by using witness statements from colleagues.
- Worker Testimony and Claims: The worker’s testimony plays a significant role in proving the overtime pay claim. The worker can find witnesses who support their claims, and their statements can help verify the accuracy of the claims.
- Higher Management Position: In organizations, a worker in a senior management position may not be entitled to overtime pay due to their role in determining workdays and hours.
- Proving Claims: The worker should support their claims with bank records and other relevant evidence. Once the worker proves their claims, the employer is obligated to pay the worker the overtime pay as requested.
ANNUAL OVERTIME LIMIT OF 270 HOURS IN TURKEY
Overtime work in Turkey, a common practice in the workplace, should be limited to protect employees’ physical and mental health. To ensure this, the Labor Law sets an upper limit for overtime, which is a total of 270 hours per year. An employer can require an employee to work a maximum of 270 hours of overtime in a year.
If the annual limit of 270 hours is exceeded, the employee has the right to claim overtime pay and to terminate the employment contract for just cause, according to the current legal provisions aimed at protecting workers. The Court of Cassation emphasizes that, under the Labor Law, employees cannot be required to work overtime beyond 270 hours in a year and stresses that the employer must fully pay the overtime compensation if this limit is not adhered to.
A common situation in practice is the inclusion of a clause in employment contracts stating that overtime in Turkey for up to 270 hours is covered by the employee’s monthly salary. However, for such a clause to be valid, certain conditions must be met. According to judicial precedents, in cases where the employment contract stipulates that overtime is included in the monthly salary and payments are made accordingly, the payments usually cover overtime up to 270 hours per year. If overtime exceeds 270 hours, the employer must make additional payments if the employee can prove the excess hours worked.
If the overtime limit is exceeded, the employer may not face an administrative fine, but they are still obligated to pay the employee the wages due for the excess hours beyond the 270-hour limit. Additionally, the employee may justifiably terminate their employment contract and be entitled to severance pay due to the non-compliance with working conditions.
IS IT POSSIBLE TO CLAIM BACKDATED OVERTIME IN TURKEY?
According to Article 32 of the Labor Law, the statute of limitations for overtime claims is 5 years. Employees can file a lawsuit within this period to claim backdated overtime. A key point to note is that the employee’s continued work does not interrupt the statute of limitations.
When calculating the claim for backdated overtime, the working hours defined by the employer must be taken into account. Disputes between the employee’s requests and the working hours set by the employer during this period may lead the employee to claim overtime for previous periods.
In summary, the statute of limitations for overtime claims starts when the pay becomes due. To be able to claim backdated overtime, the employee must file a lawsuit within this 5-year period. If no lawsuit is filed within this time frame, the employee cannot claim overtime pay and will lose their rights in this regard.
CAN AN EMPLOYEE BE FORCED TO WORK OVERTIME IN TURKEY?
Under the Labor Law, employers have the right to require employees to work overtime, beyond the weekly 45-hour working limit. However, the employee must consent to this overtime work. Here’s what you need to know about whether an employee can be forced to work overtime:
- Employee’s Consent and Forced Overtime: An employee cannot be forced to work overtime in Turkey if they do not consent. If an employee is made to work overtime against their will, they have the right to take the matter to the labor court.
- Importance of Written Consent: The employer must obtain written consent from the employee before requiring them to work overtime. Employers cannot unilaterally force employees to work overtime without this approval. However, for overtime work in cases of emergency or extraordinary circumstances, such as breakdowns or urgent situations, this written consent is not required.
- Annual Consent and Documentation: In workplaces where overtime may be needed, employers must obtain written consent from employees at the start of each year. This consent is kept in the employee’s personal file. Employers are also required to prepare a report indicating the overtime hours worked by employees.
- Administrative Penalty: If overtime work is done without the employee’s consent, a penalty will be given to workplace.
- Situations Where Consent is Not Required: In cases of urgent need or extraordinary situations, consent is not required for overtime in Turkey. Examples include:
- Emergency situations such as machinery breakdowns.
- Overtime required during mobilization or in workplaces serving national defense needs, where overtime may be ordered by the Cabinet.
Employers must obtain the necessary consents and properly document overtime work in Turkey according to the Labor Law. Failure to do so can result in administrative penalties.
IS THERE A PENALTY FOR FORCING OVERTIME IN TURKEY?
According to the Turkish Labor Law (No. 4857), there are administrative fines for forcing employees to work overtime in Turkey. Violations of overtime regulations may result in varying amounts of fines. The following situations lead to penalties for forcing overtime:
- Failure to Pay Overtime Wages: If overtime wages are not paid.
- Failure to Provide Compensatory Time Off: If employees do not receive the time off they are entitled to within six months.
- Failure to Obtain Employee’s Consent for Overtime: If the employee’s consent is not obtained before requiring them to work overtime.
- Exceeding Working Limits: If the employee works less than 7.5 hours a day but exceeds the overtime limits.
- Exceeding Night Work Limits: If night shifts exceed 7.5 hours.
- Overtime for Minors: If employees under the age of 18 are required to work overtime.
- Overtime for Pregnant, Postpartum, or Breastfeeding Women: If these employees are required to work overtime at night or for more than 7.5 hours a day.
- Overtime in Hazardous Work Environments: If overtime is imposed in underground or underwater jobs.
- Exceeding Daily Work Hours: If daily work hours exceed 11 hours.
If any of these situations occur, the employer may face administrative penalties under the Turkish Labor Law and the Misdemeanor Law.
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