The primary law of the Turkish Labour Law is the Turkish Labour Code No. 4857. According to the law, the normal weekly working hours is accepted as 45 hours.
While “overtime” is defined as working more than 45 hours per week in the Turkish Labour Code No. 4857, “working with extra hours” refers to working hours up to 45 hours in workplaces where the normal weekly working hours are less than 45 hours. While the wage for working with extra hours is a 25 percent increased wage, the overtime wage is a 50 percent increased wage.
For example, if a workplace where normal work is accepted as 40 hours per week and if in a specific week the workplace works up to 55 hours, the employer shall pay the 25 percent increased wage for 5 hours and 50 percent increased wage for 10 hours.
A maximum of 270 hours of overtime can be worked in a year according to the law. Overtime exceeding 270 hours is prohibited according to the Turkish Labour Law.
According to the Article 41 of the Turkish Labour Code, employees who work overtime or for extra hours have the right to use one hour and thirty minutes for each hour they work overtime and one hour and fifteen minutes for each hour they work as extra hours as free time instead of increased wages in return for their work, if they so desire and on condition that they apply to the employer in writing.
The absolute condition at this point is that the employee has a written request from the employee. The employer cannot unilaterally grant the employee free time instead of giving increased wages without the employee requesting or wanting it. Accordingly, the employee may, if they wish, receive increased wages for the work they do over the daily working hours they do, or they may use the amount of time they work as free time. The choice in this regard belongs to the employee.
If the employee wishes to use free time in return for overtime or for longer hours, they may use this free time they deserve within six months, within his/her working hours, without interruption and without any deductions from his/her wages.
The point to be noted here is the obligations regarding obtaining the “employee’s approval” and “using free time within six months”. Therefore, the employer cannot unilaterally make the employer work overtime, and it is not possible to postpone the free time more than the 6-months period. Otherwise, in addition to the “overtime wage” that the employee will request, the employer may be subject to an administrative fine of 2,666 Turkish Liras for each employee in this situation for the calendar year of 2024.
In terms of working hours, practices of overtime work and working with extra hours should be evaluated as stated above. Without exceeding the limits specified in the employment contracts and their annexes, a 25% increase in wages or free time should be applied for work with extra hours, i.e. for work up to 5 hours between 40-45 hours per week, and a 50% increase in wages or free time for overtime works exceeding 45 hours per week, as stated above.
