Turkish Labor Law
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As per the Labor Law, No: 4587, Article 41, works which exceed forty-five hours a week are defined as overtime. Employer may request employees to work overtime, not exceeding 270 hours per year. Further, the employee’s consent shall be required for overtime work, in January each year. In Turkey one of the most notably conflict between the employee and employer is encountered in the field of overtime wages and benefits.
Overtime work may be performed for purposes such as the country’s interest, the nature of the operation or the need to increase output. Overtime work is work which, under conditions specified in this Act, exceeds forty-five hours a week. . In cases where the principle of balancing is applied in accordance with Article 63, work which exceeds a total of forty-five hours a week shall not be deemed overtime work, provided the average working time of the employee does not exceed the normal weekly working time.
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.
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 done in conduction with the principles stated above and which may last only up to forty-five hours weekly is deemed to be 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.
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.
The employee shall use the free time to which he is entitled within six months, within his working time and without any deduction in his wages.
The employee’s consent shall be required for overtime work. Employers, as a rule, in January each year, are being able to schedule their annual overtime and extra hour works, which determined by the Law or for the necessity of operation not contrary to the Law, by means of preparing a consent document shown below and get it signed by employee. Employer, for purposes such as the country’s interest, the nature of the operation or the need to increase output, may request employees to work overtime up to 270 hours per year, on the condition that daily total working hours not exceeding 11 hours. It is necessary for the employer to have his/her employee’s overtime consent document signed, citing in the document the conditions determined by Law or the operational necessities as shown below. It is reminded that these documents should be kept in employee’s personal file.
Please Click for The Sample Consent Document
