Overtime in business life is an important issue that both employees and employers should pay attention to. According to the Labor Law No. 4857, the conditions for overtime, wage calculations, and the rights of employees are subject to certain rules. So, how is overtime calculated, how is overtime pay made, and what are the employee’s rights? Here are all the details.
What is Overtime?
Overtime means exceeding the legal working hours. In Turkey, the weekly working hours for employees are set at 45 hours. If an employee works more than 45 hours in a week, this is considered overtime. However, in cases where the balancing method is applied, meaning some weeks exceed 45 hours but the overall average does not, such work is not considered overtime.
How is Overtime Pay Calculated?
According to Article 41 of the Labor Law No. 4857, the overtime pay to be paid to the employee is calculated as follows:
Overtime pay is calculated by increasing the hourly rate of the normal working wage by 50%. If the employment contract is set for less than 45 hours a week and the employee works more than this, but up to 45 hours, this is not considered overtime but additional working hours. In this case, the hourly wage to be paid to the employee is calculated by increasing it by 25%.
For example: If the employee’s hourly wage is 100 TL: Overtime pay: 100 TL + (50% increase) = 150 TL Additional working hours pay: 100 TL + (25% increase) = 125 TL
Use of Free Time Instead of Overtime
The Labor Law also grants employees the right to use free time in return for overtime work. For every overtime hour worked, the employee can use 1 hour and 30 minutes of free time, and for every additional working hour, 1 hour and 15 minutes of free time. This free time must be used within 6 months without any deduction from the employee’s salary.
Does Overtime Require Employee Approval?
If the employer wants the employee to work overtime, they must first obtain the employee’s approval. If there is no clear provision about overtime in the employment or collective labor agreement, written approval from the employee is required.
However, the employee has the right to refuse to work overtime. The employer cannot force the employee to work overtime or dismiss the employee for not working overtime.
Overtime Duration Limit
According to the law, an employee can work a maximum of 270 hours of overtime in a year. Exceeding this limit is illegal, and if violated by the employer, the employee can take legal action.
Overtime Application in Night Work
According to Article 69 of the Labor Law No. 4857, overtime in night work is prohibited. Additionally, overtime cannot be done in short or limited-duration jobs based on health reasons.
Overtime Rights of Mine Workers
Mine workers, especially those working in underground mines, are subject to different rules regarding overtime. According to Articles 42 and 43 of the Labor Law No. 4857:
Mine workers must be paid at least double their hourly wage for every overtime hour worked beyond 37.5 hours a week. Mine workers cannot be required to work overtime except in the mandatory situations specified in Articles 42 and 43. Sectors and Jobs Where Overtime is Not Allowed
Overtime work is prohibited in certain sectors and jobs, including:
- Underground mining
- Jobs with health-related time limitations
- Night shifts
- Dangerous and heavy jobs
Employees in these jobs cannot be forced to work overtime.
What Should Be Done if Overtime Pay is Not Made?
If the employer does not pay the overtime wages, the employee can take the following steps:
- Make a written notification to the HR department or employer.
- File a complaint with the Ministry of Labor and Social Security.
- File a lawsuit in the Labor Court.
The statute of limitations for overtime claims is 5 years, meaning employees can request unpaid overtime wages from the past 5 years.
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.
