Overtime Pay Rights and Calculation in Turkey: Legal Guide

Summary: What is Overtime Work? Under Turkish Labor Law No. 4857, the standard working time is 45 hours per week. Any work performed exceeding this weekly lim...

What is Overtime Work?

Under Turkish Labor Law No. 4857, the standard working time is 45 hours per week. Any work performed exceeding this weekly limit is classified as Overtime Work (Fazla Mesai).

The law aims to protect workers from excessive hours while ensuring fair compensation when extra work is necessary.

Key Rules

Weekly Basis: Overtime is calculated on a weekly basis, not daily. Even if you work 10 hours one day, if the weekly total is under 45, it may not be overtime (subject to equalization).
Annual Limit: Total overtime cannot exceed 270 hours per year.
Consent: The employee’s written consent is required for overtime work (obtained annually or in the contract).

Calculating Overtime Pay

Standard Overtime Rate (50%)

For work exceeding 45 hours/week:

Rate: 1.5 times the normal hourly wage
Calculation: Hourly Wage × 1.5 × Overtime Hours

Extra Work (Fazla Sürelerle Çalışma)

If weekly working time is agreed to be less than 45 hours (e.g., 40 hours contract):

Work between 40 and 45 hours is “Extra Work.”
Rate: 1.25 times the normal hourly wage (25% increase).
Work exceeding 45 hours is standard overtime (50% increase).

Public and National Holidays

Work performed on National Holidays (e.g., October 29) and General Holidays (Eid):

Entitles the worker to an additional full day’s wage for each day worked.
This is a 100% increase (double pay for that day).

Free Time Instead of Payment

If the employee agrees, they can choose to take Compensatory Leave (Free Time) instead of cash payment:

For Overtime (50%): 1 hour 30 minutes of free time for every 1 hour worked.
For Extra Work (25%): 1 hour 15 minutes of free time for every 1 hour worked.

This leave must be granted within 6 months and used during working hours without wage deduction.

Who Cannot Receive Overtime?

Senior Managers

High-level executives who determine their own working hours and manage the entire business generally cannot claim overtime, provided their salary is significantly higher than peers to compensate for the responsibility.

Prohibited Groups

Overtime is prohibited for:

Workers under 18
Pregnant workers and nursing mothers
Workers on fixed night shifts (max 7.5 hours/night)
Underground mining workers

Example Calculation

Scenario:

Monthly Net Salary: 30,000 TL (Approx. Hourly: 133 TL)
Worked 50 hours this week (5 hours overtime)

Calculation:

Hourly Wage: 30,000 / 225 = 133.33 TL
Overtime Rate: 133.33 × 1.5 = 200 TL
Total Overtime Pay: 200 TL × 5 hours = 1,000 TL (Gross)

Legal Support: We assist in verifying overtime calculations and reviewing employment contracts for compliance. Contact us for labor law advice.

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