How is Overtime Pay Calculated? Overtime Working Rights and Rules

HOW IS OVERTIME PAY CALCULATED?

In calculating overtime pay, the employee's normal hourly wage is taken as basis. For each hour of work exceeding 45 hours per week, a 50 percent increase in the normal hourly wage is paid.

For example, one hour of overtime pay for an employee whose normal hourly wage is 200 TL is:

200 TL × 1.5 = 300 TL

It's happening.

If the employee works 10 hours of overtime:

300 TL × 10 = 3,000 TL

Overtime pay is incurred.

HOW IS OVERTIME CALCULATED FOR THOSE WHO WORK LESS THAN 45 HOURS A WEEK?

If the weekly working hours are determined to be less than 45 hours in the employment contract, work done over this period but up to 45 hours is considered as overtime work.

For example, if an employee whose weekly working hours are 40 hours in his contract works 44 hours, 4 hours of work is considered as working overtime. In this case, a 25 percent increased amount of the normal hourly wage is paid for each hour.

CAN I USE LEAVE INSTEAD OF OVERTIME?

Yes. The employee may choose to use free time instead of increased wages for overtime work. According to the statement of the Ministry of Labor and Social Security, 1 hour and 30 minutes of free time can be used for each hour of overtime. This period must be used without any deduction in wages.

WHAT TO DO IF OVERTIME IS NOT PAID?

If the employer does not pay the overtime wages deserved, the employee must first keep documents showing the overtime and unpaid wages. Documents such as payrolls, payroll records, workplace entry-exit records, e-mails and messages can be important in proving working time.

Employees can also get information and guidance by contacting the Ministry of Labor and Social Security via ALO 170. In the official sources of the Ministry, it is stated that applications regarding working life are evaluated through ALO 170 and CİMER.

IS IT NECESSARY TO APPLY TO A MEDIATOR BEFORE FILE A LAWSUIT FOR OVERTIME?

In disputes regarding labor receivables, a mandatory mediation process must be carried out before resorting to litigation. If an agreement is not reached in mediation, it may be possible to file a lawsuit in the labor court. The Ministry of Labor and Social Security also publishes official information regarding the mediation mechanism in labor disputes.