Employee's Consent For Overtime Can Be Taken When Needed

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Employer’s obligation to get the employee’s consent for over time at the beginning of each year is removed by the change on “Regulation on Overtime and Extra Hours”.

As is known it was necessary for the employer to obtain employee's overtime consent at the beginning of every year. In practice employer used to schedules their annual overtime and works at extra hour works in January each year and prepares consent documents and get them signed by employees, citing in the document the conditions determined by Law or the operational necessities. These documents should be kept in employee's personal file.

 

As the per amendment on the Regulation on Overtime and Extra Hours, issued in the Official Gazette dated 25 August 2017, over time consent,

  • May be obtained during the drawing up of the employment contract.
  • May be obtained when the necessity arises.
  • Consent document should be kept in employee's personal file.

An employee who doesn’t want to work overtime or extra hour may take her consent back by a written notification submitted to employer 30 days before.

According to Labor Law, article 40-43; 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.

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. 

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