What are the conditions and application of overtime work according to the Labor Law? Let’s look at the item;

What is Overtime (Overtime) Pay?

Overtime (overtime) is work exceeding 45 hours per week within the framework and conditions determined by the labor law. According to Article 63 of the Labor Law No. 4857; the working time of the worker was determined as forty-five hours at most per week. Unless otherwise agreed, this 45-hour working period is applied in workplaces by dividing it equally into the working days of the week. However, separate working hours for each day may be agreed between the parties. Regardless of the form of work, the worker’s work exceeding 45 hours per week is called overtime (overtime).

How many hours can overtime work be in a year?

Pursuant to Article 41 of the Labor Law; “The sum of overtime hours cannot exceed two hundred and seventy hours in a year.”

Is the employee’s written consent required for overtime work?

In accordance with Article 41 of the Labor Law, the written consent of the employee is required.

What is an Overtime Confirmation Form?

If the employee is asked to work overtime, the employer must obtain an overtime consent letter from the employee, even if there is a provision in the employment contract. In practice, this comes up with names such as overtime approval form, overtime approval form, overtime consent form. With the approval form for overtime, the worker agrees to work overtime as determined by the employer.

Can a worker who fills an Overtime Approval Form withhold from working overtime?

In case the worker does not want to work overtime, he/she will have to submit the overtime approval to the employer in writing 30 days in advance.

Does the Worker Have to Work Overtime?

The worker does not have to work overtime. If he/she wishes, he/she can avoid working overtime by not signing or giving approval for the overtime work consent form. If the worker who approves overtime in the employment contract wants to withdraw the overtime approval, he must now take it back in writing.

The fact that the employee has not signed the overtime approval form will not allow the employer to terminate the employment contract for just cause. On the other hand, if the employee refuses to work overtime when requested by the employer to work overtime despite having signed the overtime approval form, the employment contract cannot be terminated due to not signing it.

How to Prove Overwork?

The worker can prove that he has worked overtime with the workplace entry-exit records, payroll records, PDKS records, as well as the witness of the workers working in the same workplace, the claim of overtime can be proved. It is important that these witnesses work at the workplace at the same time as the worker.

How is the Overtime Work (Overtime) wage calculated?

According to Article 41/2 of the Labor Law; “The wage to be paid for each hour of overtime is paid by increasing the amount per hour of the normal working wage by fifty percent.”

Let the worker work 55 hours a week.

Worker wage: 10.000.00 TL

To calculate the hourly value of a month’s work, the monthly wage is divided by 225.

Hourly wage: 10.000 / 225 = 44.44 TL

Overtime includes a 50% increase in hourly wages.

Hourly wage with 50% increase: 44.44 X 1.5 = 66.66 TL

For overtime pay, the total hours worked overtime are multiplied by the hourly overtime rate.

Overtime hours: 55 – 45 = 10

10 X 66.66 = 666.0 TL overtime fee is paid. How to calculate the work done during the weekend?

How to calculate the work done during the weekend?

“For the non-worked weekday, the employer pays the wage of that day in full, without any compensation for work.” In case of working during the week break and exceeding the 45-hour working week, the work done as per Article 41 of the Labor Law will be considered as overtime. Accordingly, 50% of the hourly wage of the employee will be paid. For example, if the employee has completed 45 hours per week and his hourly wage is 200 For an employee with TL:

In case of working 3 hours during the week break; 300 TL (200+100 = 300 TL), which is 50% of the hourly wage, will be paid as overtime wage for 3 hours. (300*3=90In case of working full time (7.5 hours) during the weekend, 300 TL, which is the 50% increase in the hourly wage, will be paid for 7.5 hours (300*7.5 = 2250 TL)

In case of working full time (7.5 hours) during the weekend, 300 TL, the 50% increase in the hourly wage, will be paid for 7.5 hours (300 * 7.5 = 2250 TL)

How Are Overtime Hours of Less or More Than Half an Hour Evaluated?

According to the 5th article of the “Regulation on Working Overtime and Overtime” on the Labor Law; “Times less than half an hour are counted as half an hour, and times exceeding half an hour are counted as one hour in the calculation of overtime or overtime working times.” Overtime work done pursuant to these provisions will be completed in half an hour or a full hour and will be included in the calculation.

For example, 20 minutes of overtime will be rounded up to half an hour, and 40 or 50 minutes of overtime will be rounded up to 1 hour.

How is the overtime wage to be paid in case of working on national holidays and public holidays (festivals, etc.) calculated?

Provisions regarding the wage to be paid in case of working on general holidays are regulated as follows in Article 47 of the Labor Law: “Article 47 – If the workers working in the workplaces within the scope of this Law do not work on the days considered as national holidays and general holidays in the law, they are paid for a job. If they work without a holiday, they are paid a daily wage for each day worked.

How to Calculate If Weekend and Public Holiday Coincide on the Same Day?

In case of working on National Holidays / public holidays, in addition to the 1-day wage to be paid separately, the overtime wage for the work during the week holiday must be paid together, in case the week holiday and the official holiday coincide with the same day and work is carried out on these days, a 2.5-day wage is paid to the employees. fee will be required.

Can Free Time be Used Instead of Overtime Work or Overtime Pay?

In addition, according to Article 41/5 of the Labor Law; “If the worker who works overtime or working for extra hours wishes, he/she can use one hour and thirty minutes for each hour of overtime work and one hour and fifteen minutes for each hour worked overtime as free time, instead of increased wages for these works. The worker uses the free time he/she deserves within six months, within the working hours and without any deduction in his/her wages.

Occupations with No Right to Claim Overtime Pay

In the event that the employee who works as a senior manager in the workplace is paid high wages for the way he/she performs his/her duty, if there is no other senior manager giving duties and instructions in the same place, it will be deemed that the employee determines the working days and hours himself, and in this case, overtime is not ruled.

Workers Who Cannot Be Done Overtime (Work)

According to Article 8 of the Regulation on Overtime Work and Working Overtime;

Workers under the age of 18

Workers who cannot do overtime due to health reasons, even with their approval,

Workers who are pregnant, have just given birth and are breastfeeding,

Workers employed on a part-time employment contract,

Workers working in underground mining works cannot be made to work overtime.

When the above-mentioned workers are made to work overtime based on normal reasons, this will have legal and penal consequences.

Overtime (Overtime) Wage Timeout Period

The worker who is entitled to receive overtime wages must claim this right within a certain period of time. If it is not requested, it will lose this right by statute of limitations. The overtime wage is subject to a five-year statute of limitations as it will also receive a wage.

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