Overtime Regulations and Application Principles

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What is Overtime?

Overtime refers to situations where an employee works beyond the legally determined weekly working hours. In Turkey, according to Labor Law No. 4857, the maximum weekly working time is set at 45 hours. Any work performed beyond this limit is considered overtime, and the employee is entitled to additional compensation and/or compensatory time off for this extra work.

Overtime is categorized into two main types:

Overtime Work: This refers to work performed beyond the legal weekly limit of 45 hours. For example, if an employee who is supposed to work 45 hours per week ends up working 50 hours, the extra 5 hours are considered overtime.

Work with Extended Hours: If the employee's weekly working time is determined to be less than 45 hours by the employment contract, any hours worked between this limit and 45 hours are considered work with extended hours. For example, if the agreed weekly working time is 35 hours and the employee works 40 hours, the extra 5 hours are categorized as work with extended hours.

How is Overtime Pay Calculated?

Overtime pay is calculated by increasing the employee’s gross hourly wage by a legally prescribed percentage. For overtime work (work beyond 45 hours per week), the hourly wage is increased by 50%. For work with extended hours (work beyond the contractual limit but under 45 hours), the hourly wage is increased by 25%.

Overtime on Official Holidays

Working on official holidays is considered an exception under the Labor Law. To work on these days, the employee's explicit consent is required. It is unlawful to require an employee to work on public holidays without their approval. If an employee works on an official holiday, they are entitled to an additional day's wage for each holiday worked, in addition to their regular daily wage. This means the employee is paid double for that day. This payment must be made in cash and cannot be substituted with time off or other benefits, except when both parties agree to compensatory work.

What is the Annual Limit for Overtime?

According to the Labor Law, an employee can work a maximum of 270 hours of overtime in a year. This limit is established to protect the physical and mental health of workers, ensure workplace safety, and maintain productivity. Exceeding this limit constitutes a violation of legal boundaries. Such violations may result in administrative fines for the employer and give the employee the right to terminate the employment contract with just cause. If overtime is to be performed, the employee’s written consent must be obtained. Forcing an employee to work overtime without consent is unlawful, and the employee can take legal action.

What is Night Work and How is it Compensated?

Night work includes any work performed between 8:00 PM and 6:00 AM. Due to its effects on human health and social life, it is subject to specific regulations. According to the Labor Law, the maximum duration of night work is limited to 7.5 hours per day. This limit is in place to protect employee health and ensure workplace safety. If this limit is exceeded, the work is considered overtime and must be paid at a 50% higher hourly rate. For instance, if an employee earns 100 TL per hour, they are entitled to 150 TL for each hour of night overtime. Additional safety regulations and periodic health checks may also be mandatory for night workers. Therefore, it is crucial for employers to comply with both working hours and wage regulations.

What is Working Time Equalization?

Working time equalization allows the legal weekly working hours of 45 to be distributed unevenly across different days based on workload. This enables employees to work longer hours on some days and shorter hours on others, provided the total does not exceed 45 hours per week on average. However, written consent from the employee is required for this system to be valid. Individual work agreements may allow equalization for up to 2 months, while collective bargaining agreements may extend it to 4 months. During this period, the employee’s average weekly working time must not exceed 45 hours. Daily working time may go up to 11 hours but must not exceed the legal daily maximum. Equalization can be implemented across the entire workplace or within specific departments or employee groups. This flexibility benefits both production planning and work-life balance.

Mandatory Overtime Due to Emergencies

Overtime required due to extraordinary situations such as earthquakes, floods, or fires is classified as mandatory overtime. In such cases, employee consent is not required. However, once the emergency is over, the employer must return to normal working hours. In situations involving mobilization or national security, employers may require employees to work extraordinary overtime.

Sectors Where Overtime is Prohibited

According to the law, overtime work is prohibited in the following sectors:

• Mining operations

• Underground work such as tunnels and sewer systems

• Underwater work (such as diving)

• Pregnant female workers

• Apprentices and interns

Conclusion

Overtime practices are a significant matter that balances the rights and responsibilities of both employees and employers. Labor Law No. 4857 clearly outlines the rules regarding overtime to ensure job security and protect fairness in the workplace. Adhering strictly to provisions related to duration, compensation, consent, and limits is essential both for safeguarding employees' rights and for employers to fulfill their legal obligations. When managed within the legal framework, overtime can contribute to workplace harmony and productivity. On the other hand, improper practices can result in legal consequences and disrupt employee relations. Therefore, understanding, correctly applying, and monitoring overtime regulations is vital for a healthy and fair working environment.