Turkish Labor Law
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An employee may choose to take off (time in lieu) instead of receiving overcharged wages for the over-time or extra works he/she has performed.
As per article 63 of Labor Law No. 4857, standard weekly working time is maximum 45 hours. Working time for miners working underground is maximum 7.5 hours daily and 37.5 hours weekly.
Weekly working hours can be determined as less than 45 hours in the employment contracts or by the collective agreement.
WHAT IS OVERTIME WORK?
Overtime is the work, which exceeds 45 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.
COMPENSATION 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 should be remunerated at one and a half times the regular hourly rate.
- Alternatively, employee may use, as time in lieu, one-hour and thirty minutes for each hour worked overtime.
WHAT IS WORKS AT EXTRA HOURS?
In cases where the weekly working time has been set by contract at less than forty-five hours, work hours up to forty-five hours weekly considered as works at extra hours.
COMPENSATION OF OVERTIME WORK
- 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 regular hourly rate.
- Alternatively employee may use one hour and fifteen minutes for each extra hour worked.
WHEN TO APPLY FOR FREE TIME?
- Employee should apply in writing before any overtime or extra worked hours are remunerated. If these hours were already paid as wage, employee cannot use time in lieu.
- Employer is bound to accept the employee’s request of time in lieu.
- On the other hand, employer cannot choose to allow for time in lieu instead of paying, if this is against employee’s wish.
- In case the employment contract is terminated before the employee uses the gained time in lieu, he/she must be paid his/her overcharged wage.
