According to the Article 63 of the Turkish Labour Code No. 4857, works over 45 hours per week is defined as overtime work. Daily breaks and the time spent on the road are not taken into account in the calculation of 45 hours. In overtime work, the hourly wage of the worker must be calculated and paid with at least a 50 percent increase in-line with the legal requirement.
Although not necessary, it is recommended that the employer, who wishes to make the worker work overtime, obtain an additional “overtime work consent” from the worker, even if there is a general provision in this regard in the employment contract. In practice, this document is called “overtime work approval form”, “overtime consent form”, “overtime working consent letter”. With the approval form for overtime, the worker agrees to work overtime as determined by the employer.
It is not necessary to obtain the overtime approval each year, it is sufficient to obtain it once from the employee. The said approval shall be valid until the worker is notifies in written form for the withdrawal of the consent.
In case the worker does not want to work overtime, he/she will have to submit the overtime approval to the employer in writing 30 days in advance.
Pursuant to the amendment made in the Labor Code on the date of 25th of August, 2017, the principle that the employee will be deemed to have consented to overtime work has been introduced in case if the consent has been given in the signed employment contract or with an approval letter later on. Prior to this regulation, the Turkihs Court of Cassation sought the condition that the overtime consent letters should be taken from each worker again and again at the beginning of each year. However, in the current regulation, it is sufficient to get the approval once, and there is no need to seek for an additional approval each year.
As to underline again, if the employee does not want to work overtime, it is possible to withdraw the consent given for overtime by giving written notice to the employer thirty days in advance. In other words, Turkish employers no longer have to obtain additional approval for overtime at the beginning of each year. It is the worker who should take action to revoke the approval.
Below is a sample “Overwork Approval Form” recommended by employers to be obtained from workers:
APPENDIX: SAMPLE OF APPROVAL OF THE EMPLOYEE FOR OVERTIME WORK
../…/2022
……………………………….. LTD/INC
TO THE MANAGEMENT OF HUMAN RESOURCES
I am working at the position of …………………………….. at the department of …………………………….. in your workplace established in the address of …………………………………………………………………………………. registered at the SSI workplace number …………………………………………….
The written approval of the worker must be obtained in order to have overtime work in accordance with the Article 9 of the Regulation on Overtime Work and Overwork According to the Labour Code No. 4857. This approval is not sought for overtime work and overwork done for compulsory reasons or in extraordinary circumstances. This approval is obtained in written form the workers by the employer who needs overtime work and is kept in the employee’s personnel file. In this conditions, I HEREBY DECLARE THAT I AGREE to work overtime and overwork if needed and requested by the employer and within the discrement of the employer, in pursuant to these provisions.
I hereby request you to take the necessary action.
Regards.
Name- Surname- ID No- Passport No.
Signature-Date
Address:
Phone/ GSM:
