What is Overtime Pay? How is it Calculated?

 

Under Labor Law No. 4857, the standard weekly working time is a maximum of 45 hours. Work exceeding this limit is defined as "overtime" and must be compensated at a rate higher than the normal hourly wage.

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1. Overtime vs. Extra Hours

In our legal system, extra work is divided into two distinct categories:

• Overtime: Work exceeding 45 hours per week. Each overtime hour is compensated at 1.5 times the normal hourly rate (a 50% increase).

• Extra Hours: If a contract specifies a workweek of less than 45 hours (e.g., 40 hours), hours worked up to the 45-hour mark are considered "extra hours." These are compensated at 1.25 times the standard rate (a 25% increase).

 

2. Night Shifts & Public Holidays

• Night Work: Employees cannot legally work more than 7.5 hours during a night shift (20:00 - 06:00). Any work beyond 7.5 hours at night strictly counts as overtime, even if the 45-hour weekly limit has not been reached.

• Rest Days & Holidays: Employees working on their weekly rest day or public holidays are entitled to additional statutory pay on top of their standard wages.

 

3. How to Prove Overtime Work

The burden of proof in overtime claims generally falls on the employee. Crucial evidence includes:

• Workplace entry and exit records (timecards, biometric logs).

• Internal corporate correspondence and emails.

• Witness statements from colleagues working the same shifts.

• Payroll records (If a signed payroll shows overtime pay without employee objection, proving further unrecorded overtime becomes highly difficult).

 

4. Legal Limits & Employee Consent

An employee can legally work a maximum of 270 hours of overtime per year. Furthermore, the employee's written consent is legally required. However, having this consent does not waive the employer's absolute obligation to pay for the overtime worked.

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5. The Tanyeri Law & Consulting Approach

Overtime claims are often complicated by payroll fraud or incomplete corporate records. At Tanyeri Law, we combine 37 years of labor law experience with our academic vision. Our dedicated team of 4 attorneys meticulously analyzes timesheets, payrolls, and witness statements. We conduct a transparent and determined legal process to ensure you receive every penny earned through your hard work.

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Note: The calculator above provides estimated figures for general informational purposes. Every case involves unique variables, including calculation periods, interest types, and statutes of limitations. To avoid any loss of rights, we strongly recommend seeking professional legal counsel.