Working Hour Compliance in Turkiye: Working Hours and Overtime Pay

Effective management of employee work hours and overtime is crucial for businesses operating. Compliance with legal regulations ensures not only the protection of employee rights but also the smooth operation of business activities. Ensuring efficient work schedules, adhering to legal requirements for work hours, and managing overtime effectively are crucial aspects of human resource management.

This article will explore these key areas, offering insights into regulations and best practices for working hours and overtime work management. In this article, you will first find basic legal explanations, followed by frequently asked questions and answers.

 

1. Standard Work Hours in Turkiye

1.1. Legal Framework

“In general terms, the maximum working time is forty-five hours per week. Unless otherwise agreed, this period shall be divided equally among the working days of the week at workplaces.” (Turkish Labor Law No. 4857, article 63).

According to the Turkish Labor Law, the standard workweek is defined as 45 hours. These hours are typically distributed over six days, daily working hours are generally limited to eight hours, with one and a half hours of mandatory break time. However, employers and employees can agree to different arrangements, provided the total does not exceed 45 hours per week. Employees are entitled to a weekly rest period of at least 24 consecutive hours, typically on Sundays.

1.2. Flexible Work Arrangements

Employers and employees may agree to flexible working hours. Such arrangements must be clearly documented in the employment contract. Flexibility can include compressed workweeks, flexitime, or remote working arrangements. However, the average weekly working hours over a reference period (typically four months) should not exceed 45 hours.

 

2. Overtime Regulations

2.1 Definition of Overtime

“Overtime may be done for reasons such as the general interests of the country, the nature of the work or increasing production.” (Labor Law, article 41). Overtime work in Turkiye is defined as any work performed beyond the standard 45-hour workweek, or more than 11 hours in a single day, even if the weekly total does not exceed 45 hours.

2.2. Consent of Overtime Work

Employees must provide written consent before performing overtime, and they cannot be forced into overtime without this approval. Within this framework, the employee must give consent for overtime work of his/her own free will. We recommend the employers to obtain consent of the staff in a separate document from the employment contract. Because the overtime approval given within the employment contract may not reflect the free will of the employee.

2.3 Overtime Pay

Employees are entitled to overtime pay at a rate of 150% of their regular hourly wage. Accurate record-keeping is crucial for calculating and documenting these additional hours.

2.4 Limitations on Overtime

The law limits overtime work to 270 hours per year. Employers should carefully track employee hours to ensure they stay within this limit to avoid legal consequences.

2.5. Overtime Agreements

Employers and employees can agree in writing to work additional hours beyond the legal limits. However, such agreements cannot undermine the employee’s right to rest periods or exceed the monthly overtime limits.

2.6 Compliance Considerations

Both employers and employees should agree to overtime terms in writing to avoid future disputes. Employers must:

  • Keep accurate records of overtime.
  • Monitor total hours worked per year.
  • Ensure compliance with overtime limits and mandatory rest periods.

 

3. Weekend Work

Employees in Turkiye are entitled to at least one full day of rest per week, typically on Sundays. If an employee works on their rest day, they are entitled to 2.5 times their regular daily wage.

 

4. Working on National and Religious Holidays

4.1. National Holidays

Employees required to work on national holidays are entitled to double their regular daily wage. Employers should be aware of official public holidays published by the government annually.

4.2. Religious Holidays

During religious holidays such as Eid al-Fitr (In Turkish: Ramazan Bayramı) and Eid al-Adha (In Turkish: Kurban Bayramı), employees are also entitled to double their daily wage for any work performed. Employers should plan staffing to ensure adequate coverage without breaching labor regulations.

 

5. Crucial Points for Employers and Employees

For Employers:

Accurate Record-Keeping: Ensure that detailed records of work hours, overtime, and benefits are maintained. This documentation is vital in the event of a legal dispute.

Avoid Excessive Overtime: Exceeding the legal limits can result in penalties and decreased employee productivity.

Clear Policies: Establish clear, written policies on working hours, overtime, and benefits, and communicate them to all employees.

Provide Proper Compensation: Ensure overtime is properly compensated to avoid disputes and legal action.

Respect Rest Periods and Breaks: Skipping breaks or rest days can result in legal non-compliance and affect employee well-being.

Monitor Flexibility: Ensure that flexible work arrangements comply with legal frameworks and are not used to exploit employees.

Legal Compliance: Stay updated on labor law changes, particularly concerning working hours and benefit adjustments, to avoid penalties.

For Employees:

Track Your Hours: Keep a personal record of your working hours and overtime to ensure that you’re being fairly compensated.

Know Your Rights: Be informed about the legal entitlements to rest periods, breaks, and overtime pay.

Monitor Your Pay: Ensure that your employer is complying with wage and hour regulations. If discrepancies arise, address them promptly.

Understand Overtime Terms: Before agreeing to overtime, make sure you fully understand the terms, including pay rates and time limits.

Report Non-Compliance: If you encounter violations of labor laws, communicate them to your employer or seek legal assistance.

 

 

6. Frequently Asked Questions (FAQ)

 

Can an employer force an employee to work overtime?

No, overtime work requires the employee’s written consent. Employees cannot be forced to work beyond their regular hours without their agreement. This situation may also constitute grounds for termination of the employment contract for just cause.

 

What is the maximum number of hours of overtime work in a year?

Pursuant to Article 41 of the Labor Law, “the total duration of overtime work cannot exceed two hundred and seventy hours in a year.”

 

What happens if an employer fails to pay overtime wages?

Failure to pay overtime wages can result in legal action, including back pay, penalties, and fines. Employees have the right to file a complaint with the Ministry of Labor. This situation may also constitute grounds for termination of the employment contract for just cause.

 

Can employees request time off instead of overtime pay?

Yes, employees can opt for compensatory time off instead of receiving overtime pay, but this arrangement must be agreed upon in writing between the employer and employee.

 

How is overtime pay calculated?

Overtime is compensated at 150% of your regular hourly rate.

 

Are the periods spent on the road taken into account in the calculation of overtime?

According to Article 66/1-b of the Labor Law titled “Cases Counted as Working Time”, “If the workers are sent by the employer to work in a place other than their workplace, the time spent on the road” is counted as working time.

Accordingly, according to Article 41 of the Labor Law, overtime calculation in case of exceeding 45 hours, the time spent on the road can be considered within the scope of overtime work if the employees are sent to work in a place other than their workplace.

 

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