Overtime (Working) Wage in Turkey when the worker works beyond the period specified in the relevant laws and contracts. According to the labor law, it is legally appropriate for the employee to work a maximum of 45 hours per week. When the worker works more than 45 hours per week, he is considered to have worked overtime and is entitled to receive overtime pay. You can make calculations by filling in the required fields below.
How is Overtime Pay Calculated?
- Hourly and daily overtime wages are calculated based on the worker’s monthly gross salary.
- Gross hourly wage is calculated by dividing the monthly gross salary by one month’s working days.
- The figure found after this calculation should be divided by one day’s normal working hours.
- The pay to be paid during overtime is more than the pay for normal working time. Overtime pay is 50% more than regular work.
- If the employee works more than 45 hours a week, the difference is considered overtime.
If the worker works overtime (25% overpayment), this should also be taken into account. For example, if the normal working time determined by the workplace is 30 hours per week and the worker works 40 hours per week in this workplace, he is considered to have worked overtime.
Total overtime pay is calculated depending on how many hours the worker works overtime per month.
For example, let’s say a worker’s monthly gross wage is 15,000 TL and he works 8 hours a day. Let’s assume he works a total of 10 hours of overtime per month. The calculation goes like this:
- Gross hourly wage: 15,000 TL / (30 days x 8 hours) = 40 TL
- Overtime pay: 40 TL x 1.5 = 60 TL (overtime pay for one hour)
- Total overtime pay: 60 TL x 10 hours = 600 TL
Before calculating overtime pay, it is important to have proof of overtime pay. For this reason, written evidence or witness statements can be used.
Is Written Consent of the Employee Required for Overtime?
Written consent of the employee is required for overtime work. This approval can be obtained by contract at the time of employment, or it can be obtained later by consent. The employee’s liability arises after approval. The employer cannot make the employee work overtime without obtaining written approval. However, this approval is not required for overtime and working for extra hours due to compulsory reasons or extraordinary circumstances.
When is Overtime Pay Paid?
The employer is obliged to issue a document showing the working hours of the employees who are made to work overtime and overtime, and keep a signed copy in the employee’s personnel file. Workers’ wages for overtime and overtime work are paid together with the wages for their normal work.
Workers Who Cannot Work Overtime
Professions that are not entitled to claim overtime pay include occupational groups that cannot claim overtime pay due to some exceptional circumstances. Here are some of these professions:
- Employees under the age of 18: Workers under the age of 18 cannot claim overtime pay.
- Those Who Cannot Work Overtime Due to Health Problems: Workers whose health is not suitable do not have the right to demand overtime pay if they are documented with a medical report and the approval of the workplace physician.
- Pregnant, Newborn and Breastfeeding Employees: Workers in this situation cannot claim overtime pay.
- Employees with a Part-Time Employment Contract: Workers employed with a part-time employment contract are not entitled to demand overtime pay.
- Additionally, workers working in underground mines cannot be made to work overtime for ordinary reasons only. These workers may be made to work overtime due to compulsory or extraordinary reasons.
Proof of Overtime (Working) Pay
In order to claim overtime (working) pay, the worker must prove their work. The worker must support his request by providing evidence that he has worked overtime. If workplace records, especially documents showing entry and exit from the workplace, payroll and salary statements, internal workplace correspondence, are evidence and it is not possible to prove them with these documents, witness statements can also be used.
Statute of Limitations for Overtime (Working) Pay
Since overtime pay is also a wage receivable, it is subject to a five-year statute of limitations. This five-year period starts from the date on which overtime pay must be paid. Limitation periods will be calculated separately for each overtime period.
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