Accordingly, daily working hours should be 7,5 hours in a workplace where employees work 6 days in a week.

In SSI transactions, a month is regarded as 30 days. As a result of that, monthly working hours should be calculated as 30×7,5=225. If an employee works more than that period of time, it will be regarded as “overtime”.

An employee can have maximum 270 hours overwork in a year. Even if he/she consents to work more than that period, he/she will not be allowed to do that. While calculating the annual working period, if the period of overtime is less than half an hour, it will be regarded as half an hour. If the period of overtime is more than half an hour and less than one hour, it will be regarded as one hour.

In accordance with the Labor Law, it is forbidden for some employees to have overtime. Those are listed below:

• Non-adult employees.
• Employees whose health conditions are not suitable for overtime even if they      accept it before/after the labor contract or collective agreements.
• Pregnant, women after childbirth and nursing mothers.
• Part-time workers.

Source: article 63 of the Labor Law 4857

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.

On the other hand, if weekly working time in an office is determined less than 45 hours and the employee works more than that period of time or completes his/her working hours to 45 hours, it is called “extra labor”.

1- How are the fees of overworking and extra labor calculated?
The fee given hourly for overworking should be calculated by increasing 50% of normal hourly fee.

Furthermore, the fee given hourly for extra labor should be calculated by increasing 25% of normal hourly fee.

2- How can one use his/her free time in overworking and extra labor?
In case of overwork and extra work, a worker may demand to use
-1 hour 30 minutes in return for every overtime,
-1 hour 15 minutes in return for extra labor time as a free time instead of increased fee on condition that the employee makes a written declaration to the employer.

The employee may use that free time,

-Within semiannual period,
-within working hours without salary deduction.

3- On which conditions will there be no overworking and extra labor?
These conditions are listed below:

– In night works (article 69 of Labor Law)
– Works with limited duration because of health problems (article 63 of Labor Law)
– employees working in mining works in underground (article 42-43 of Labor Law)
– If an employee overworks in an underground work as a result of force majeure, his/her hourly fee should be increased at least 100% for every extra hour (the period exceeding ordinary working hours which is 37,5 hours).( article 42-43 of Labor Law)

– Under age workers
– Pregnant, women after childbirth and breastfeeding mothers
– Employees with employment contract of definite duration
– There should be approval of employee for overtime works.

What is the maximum overwork time for an employee?
Overwork time cannot be more than 270 hours in a year.

Source: Labor Law No. 4857

Date: 21 March 2017

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.