Don't Forget To Get Employees' Consent for Overtime

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tll overtime art

Employer may request employees to work overtime not exceeding 270 hours per year provided that daily total working hours not exceeding 11 hours; however, employee’s consent is required for overtime work and works at extra hours.

In practice employer schedules their annual overtime and works at extra hour works in January each year and prepares consent documents and get them signed by employees.

Working time and overtime work

As a rule working time is forty-five hours maximum weekly. These hours may be divided equally by the days of the week worked at the establishment, or provided that the parties have so agreed, working time may be divided by the days of the week worked in different forms on condition that the daily working time must not exceed eleven hours.

Overtime work is work, which exceeds forty-five hours a week, and may be performed for purposes such as the country’s interest, the nature of the operation or the need to increase output.

In cases where the principle of balancing is applied, work which exceeds a total of forty-five hours a week shall not be deemed overtime work, provided that average working time of the employee does not exceed the normal weekly working time.

 

Works at extra hours

In cases where the weekly working time has been set by contract at less than forty-five hours, work that exceeds the average weekly working time that last only up to forty-five hours weekly is deemed to be work at extra hours.

Consent Document

It is necessary for the employer to obtain employee's overtime consent document signed, citing in the document the conditions determined by Law or the operational necessities as shown in the link below. These documents should be kept in employee's personal file.

For employers who don’t obtain the employee’s approval for overtime and work at extra hours 295,00 TRY administrative fine will be applied.

http://iskanunu.com/images/dokuman/sizinsorduklariniz/isci-muvafakat-belgesi.pdf