What is Overtime Pay? How is it Calculated?

 

According to the Labor Law No. 4857, the weekly working time is generally a maximum of 45 hours. Work exceeding this period is called "overtime" and is compensated at a rate higher than the normal hourly wage.

 

1. The Difference Between Overtime and Extended Working Hours

In our legal system, the concept of working hours is divided into two categories:

• Overtime: Work exceeding 45 hours per week. Pay for each hour of overtime is 50% higher than the normal hourly wage (1.5 times).

• Overtime Work: If the employment contract specifies a weekly working time of less than 45 hours (e.g., 40 hours), any work up to 45 hours beyond that is considered "overtime work." This overtime pay is calculated at a 25% higher rate (1.25 times the standard rate).

 

2. Night Shifts and Holidays

• Night Work: Workers cannot be made to work more than 7.5 hours during the night shift (between 20:00 and 06:00). Work exceeding this period will be considered overtime, even if the weekly 45-hour limit is not reached.

• Weekly Rest and Public Holidays: If an employee works on a weekly rest day or a public holiday such as a religious holiday, they are entitled to "Public Holiday Pay" in addition to overtime pay.

 

3. How to Prove Overtime Work?

In overtime pay cases, the burden of proof generally rests with the employee. The following evidence is crucial for proof:

• Workplace entry and exit records (card swiping, fingerprinting, etc.),

• Internal workplace correspondence and emails,

• Witness statements (from individuals who worked at the same workplace during the same period),

• Payroll records (If the payroll record shows overtime pay and the employee signed it without objecting, it becomes more difficult to prove further).

 

4. Legal Limits and Approval

An employee can work a maximum of 270 hours of overtime per year. Furthermore, the employee's written consent (usually obtained through the employment contract) is required for overtime work. However, having consent does not mean that overtime pay will not be paid.

 

5. Tanyeri Law & Consulting Approach

Overtime pay claims are often complicated by payroll fraud or incomplete records. At Tanyeri Law, we combine our 37 years of experience in labor law with our academic vision. Our expert team of four lawyers analyzes timekeeping records, payrolls, and witness statements down to the finest detail, conducting a transparent and determined process to ensure our clients receive every penny they earned through their hard work.

 

Note: The calculation tool above provides estimated figures for general informational purposes only, based on the data you enter. Each specific case has unique circumstances, including the calculation of waiting periods, types of interest, and statute of limitations. To avoid any loss of rights, we strongly recommend seeking the assistance of a professional lawyer.