Overtime and employee rights in a Turkish company

What is overtime?

Pursuant to Labor Law No. 4857 (https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=4857&MevzuatTur=1&MevzuatTertip=5), work in excess of 45 hours per week is considered overtime. Employees working overtime should be paid a 50% wage supplement for each hour worked.

Can an employee be forced to work overtime?

No! The employee must agree to work overtime. The right to refuse overtime work is stipulated in the labor or collective bargaining agreement. In addition, employees may work overtime for a maximum of 270 hours per year.

How is overtime pay calculated?

For example, if an employee's hourly wage is 100 Turkish Liras, overtime pay is calculated as follows:

✔ Hourly rate: 100 TL

✔ Rate of increase in overtime pay: 50%

✔ Overtime pay: 100 TL + (100 TL x 50/100) = 150 TL

If an employee has worked 10 hours of overtime:

10 x 150 TL = 1500 TL must be received as overtime pay.

Can an employee use free time in lieu of overtime pay?

Yes! If an employee wishes, he/she may use the free time instead of receiving overtime pay. In this case, he/she is entitled to vacation time equal to 1.5 times the amount of overtime worked. For example, an employee who has worked 4 hours of overtime may use 6 hours of free time.

What happens if overtime is not paid?

If the employer fails to pay overtime, the employee:

✔ may file a complaint with the Department of Labor and Social Security.

✔ can claim overtime pay by filing a claim with the Labor Court.

✔ according to Article 24 of the Labor Code, may receive severance pay upon termination of employment for justifiable cause.

!!! Overtime pay has no statute of limitations! Employees can claim overtime pay for 5 years.