Turkish Labor Law
Related Articles
Overtime is the work which exceeds forty-five hours a week, and remunerated in hourly basis with higher rates.
As per the Labor Law, No: 4587, Article 41, overtime work 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 weekly working time has been set by contract at less than forty-five hours, the work last up to forty-five hours weekly considered as works at extra hours.
CALCUALTION OF OVERTIME WORK
The wage for each hour of overtime work is paid by raising the hourly rate of the regular working wage by fifty percent. In other words, wages for each hour of overtime shall be remunerated at one and a half times the normal hourly rate.
Example: Worked 50 hours within the week. First we find the hourly wage of employee as below.
Monthly working hours: 225
Monthly Salary: 2.029,50 TRY
Hourly wage 2.029,50 /225 = 9,02 TRY
50% increased hourly wage: 9,02*1,5 = 13,53 TRY
Overtime: 50-45=5 hours.
Overtime remuneration: 5*13,53 = 67,65 TRY.
CALCULATION OF WORK AT EXTRA HOURS
In work at extra hours, the wage for each extra hour is paid by raising the hourly rate of the regular working wage by twenty-five percent; in other words each extra hour shall be remunerated at one and a quarter times the normal hourly rate.
Example: Monthly working hours is 40 hours. Employee worked 43 hours within the week. Monthly salary is 3.000,00 TRY. First we find daily working hours.
Daily working hours = Weekly work 40 hours / 6 days = 6,667 hours.
Monthly work hours = 6,667 * 30 days = 200 hours.
Hourly wage = 3.000 / 200 = 15 TRY
Then we find 25% increased wage:
25% increased wage = 15 *1,25 = 18,75 TRY
Work at hours: 43 – 40 = 3 hours
3 hours * 18,75 TL=56,25 TRY.
If the employee who has worked overtime or at extra hours so wishes, rather than receiving overtime pay he may use, as free time, one-hour and thirty minutes for each hour worked overtime and one hour and fifteen minutes for each extra hour worked.
RESRTICTION ON OVERTIME
- Employer may request employees to work overtime, not exceeding 270 hours per year.
- The employee’s consent shall be required for overtime work, in January each year.
- Employees under age of 18, pregnant women and breastfeeding mother cannot be required to work overtime.
