Overview
Overtime work is one of the most regulated areas under Turkish Labour Law No. 4857, balancing productivity needs with employee protection.
It defines how many hours an employee may work beyond the standard limit, under what conditions this is lawful, and how overtime pay should be calculated.
Let’s examine the key provisions, procedures, and practical examples of overtime pay calculation under Turkish law.
Legal Definition of Overtime
According to Article 63 of Labour Law No. 4857, the standard working time is a maximum of 45 hours per week.
Unless otherwise agreed, this 45-hour limit is distributed equally over the working days of the week.
Any work performed beyond 45 hours per week — regardless of daily scheduling — is considered overtime (“fazla mesai”).
Annual Overtime Limit
Under Article 41 of the Labour Law,
“The total amount of overtime work in a calendar year may not exceed 270 hours per employee.”
This limit applies to all employees except for those exempt from overtime provisions, such as senior executives or those in irregular-hour positions.
Written Consent Requirement
Article 41 also requires written consent from the employee for overtime.
This consent must be obtained even if the employment contract already includes an overtime clause.
Overtime Consent Form
Employers must have employees sign an Overtime Consent Form (also called “Overtime Approval Letter” or “Overtime Declaration”) before assigning overtime.
By signing this form, the employee agrees to perform overtime when required by operational needs.
If the employee later wishes to withdraw consent, they must notify the employer in writing at least 30 days in advance.
Is Overtime Mandatory?
No, overtime is voluntary.
Employees cannot be compelled to work overtime if they have not given written consent.
Moreover, refusal to sign an overtime consent form does not constitute valid grounds for termination by the employer.
Similarly, if an employee who previously consented to overtime later refuses to work extra hours, the employer cannot immediately terminate the employment contract for that reason alone.
Proof of Overtime Work
If an employee claims unpaid overtime, they can prove it through:
- Workplace entry-exit (PDKS) records,
- Payroll slips,
- Electronic attendance or card systems, and
- Witness testimony from co-workers who worked during the same periods.
Turkish courts generally rely on a combination of documentary and witness evidence in such disputes.
Overtime Pay Calculation
Legal Rule
Article 41/2 of the Labour Law provides that:
“Each hour of overtime work shall be paid at one and a half times (150%) the normal hourly rate.”
Let’s illustrate this with an updated example:
Example Calculation
- Monthly gross salary: TRY 30,000
- Weekly working hours: 55 hours (10 hours overtime)
- Legal base: 45 hours per week
Step 1 – Hourly wage:
Monthly working hours are calculated as 225 hours per month (45 × 5 weeks).
→ 30,000 ÷ 225 = TRY 133.33 per hour
Step 2 – Overtime hourly rate:
Overtime is paid at 1.5× the normal rate
→ 133.33 × 1.5 = TRY 200 per hour
Step 3 – Total overtime pay:
10 hours × 200 = TRY 2,000 overtime pay for that week.
Overtime on Weekends
According to Article 46 and Article 41 of the Labour Law:
- Employees are entitled to one full day of paid rest per week.
- If an employee works during their weekly rest day (typically Sunday), this is treated as overtime.
Example:
If an employee with an hourly rate of TRY 250 works 5 hours on a rest day, their overtime pay is:
250 × 1.5 × 5 = TRY 1,875
If the employee works a full 7.5-hour day, the total overtime pay equals:
250 × 1.5 × 7.5 = TRY 2,812.50
Overtime on National and Public Holidays
Article 47 regulates pay for official holidays (national or religious):
“Employees who do not work on such days are entitled to one day’s wage. If they work, they are paid an additional full day’s wage for each day worked.”
This means employees working on a public holiday receive double pay (200%) for that day.
When a Public Holiday Coincides with a Weekly Rest Day:
If an employee works on a day that is both a public holiday and a weekly rest day,
they must be paid 2.5 days’ wage in total — one for the public holiday, one for the rest day, and a 50% overtime premium.
Partial Overtime Rounding Rule
Under Article 5 of the Regulation on Overtime and Working for Extra Hours:
“Periods less than half an hour are counted as half an hour; periods exceeding half an hour are counted as one hour.”
For example:
- 20 minutes of overtime → rounded up to 0.5 hours
- 45 minutes of overtime → rounded up to 1 hour
This ensures clarity in wage calculations and prevents disputes.
Compensatory Time Off Instead of Overtime Pay
Under Article 41/5 of the Labour Law, employees may choose time off in lieu of pay.
They may use:
- 1 hour 30 minutes of rest for each hour of overtime, or
- 1 hour 15 minutes for each extra hour (less than 45 per week).
This compensatory time must be taken within six months, during working hours, and without any wage deduction.
Employees Exempt from Overtime Pay
Certain positions are excluded from overtime entitlements, such as:
- Senior managers who control their own schedules,
- Employees receiving substantially higher salaries in return for managerial responsibilities,
- Employees working under flexible, field-based, or irregular schedules (e.g., sales representatives).
In such cases, overtime is deemed to be included in the base salary unless otherwise specified.
Employees Prohibited from Overtime Work
Under Article 8 of the Regulation on Overtime Work, the following employees cannot perform overtime, even with consent:
- Employees under 18 years of age,
- Employees with health conditions prohibiting overtime,
- Pregnant, postpartum, or breastfeeding employees,
- Employees on part-time contracts,
- Employees in underground mining operations.
Employers who require overtime from such workers are subject to penalties and legal liability.
Overtime Wage Limitation Period (Statute of Limitations)
Overtime pay claims are subject to a five-year statute of limitations, as they are classified as wage receivables under the Labour Law.
Employees must file a claim or complaint within five years from the date the overtime pay became due; otherwise, the right is lost due to prescription.
Overtime regulations in Türkiye reflect a balance between operational flexibility and worker protection.
Employers must secure written consent, comply with annual limits, and calculate overtime accurately to avoid labour disputes or administrative penalties.
Proper documentation — including consent forms, attendance records, and payroll statements — is key to maintaining full compliance under Law No. 4857.
Transparent overtime practices also strengthen employee trust and promote ethical workplace management.
