The legal provisions regarding the calculation of overtime wages are explained in Article 41 of the Turkish Labor Law No. 4857.
Article 41 – Overtime work can be made for reasons such as the general benefits of the country, the nature of the work or the increase in production. Overtime is the work exceeding forty-five hours per week within the framework of the conditions written in the Law. In cases where the principle of equalization is applied according to the provision of Article 63 of the Law No. 4857, even if the average weekly working time of the worker exceeds the normal weekly working period, even if it exceeds a total of forty-five hours in some weeks, these works are not considered overtime.
The wage to be paid for each hour of overtime is paid by increasing the amount per hour of the normal working wage by fifty percent.
In cases where the weekly working time is determined by the contracts to be less than forty-five hours, the work exceeding the average weekly working time applied within the above-mentioned principles and up to forty-five hours are overtime work. In working overtime hours, the wage to be paid for each hour of overtime is paid by increasing the amount per hour of the normal working wage by twenty-five percent.
If the worker wants to work overtime, he/she can use one hour and thirty minutes for each hour of overtime work, one hour and fifteen minutes for each hour worked overtime, as free time, instead of an increased wage for these works.
The worker uses the free time he/she deserves within six months, within the working hours and without any deduction in his/her wages.
Overtime work cannot be made in short or limited-term jobs based on health reasons stated in the last paragraph of Article 63 of the Law No. 4857, and in night work specified in Article 69.
Employee consent is required to work extra hours.
The sum of overtime hours cannot exceed two hundred and seventy hours in a year.
Except for the cases listed in Articles 42 and 43 of the Law No. 4857, workers working in underground mining cannot work overtime.
The wage to be paid to the workers working in underground mining works for each hour of overtime work exceeding thirty-seven and a half hours per week in the cases listed in Articles 42 and 43 of the Law No. 4857, is paid by increasing the amount of normal working wage per hour, not less than one hundred percent.
Source: Revenue Administration of Republic of Turkey – Translated by Karen Audit – The rights of this translation belong to KarenAudit and unauthorized use is prohibited.
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