One of the most common questions in Turkish labor law is overtime and extra working hours calculation in Turkey. According to the Labor Law No. 4857, the regular weekly working time is 45 hours. Any work exceeding this threshold is considered overtime and entitles the employee to extra pay or compensatory time off. However, the calculation of overtime in Turkey varies depending on the nature of the job, contractual arrangements, and work performed during weekends or public holidays.
What is Overtime?
- Art. 41: Any work exceeding 45 hours per week is overtime.
- Exception for underground mining workers: Max. 7.5 hours/day, 37.5 hours/week.
- If an averaging system is applied, exceeding 45 hours in one week may not count as overtime if the two-month average does not exceed 45 hours.
How is Overtime Pay Calculated?
- Each overtime hour = normal hourly wage + 50% increase.
- Example: If hourly wage = 200 TL, overtime = 300 TL.
Weekly rest day: If worked, full daily wage + 50% increased overtime pay.
Public & national holidays: If worked, one additional daily wage → total 2 daily wages.
If holiday overlaps with weekly rest: Employee entitled to 2.5 daily wages.
Excessive Hours Below 45 Hours
- If weekly contractual hours are set below 45 (e.g., 40 hours), extra hours up to 45 are “excessive hours.”
- These are paid with a 25% increase.
- Work beyond 45 hours = overtime (50% increase).
Employee Consent for Overtime
- Written consent required (Art. 41/7).
- No consent needed in extraordinary cases (breakdowns, emergencies, mobilization).
Annual Limit on Overtime
- Max. 270 hours per year.
Compensatory Time Off
- Instead of overtime pay, employee may take time off:
- 1 overtime hour → 1.5 hours off
- 1 excessive hour → 1.25 hours off
- Must be used within 6 months.
Other Considerations
- Travel time: If assigned to another location and total >45 hours, it counts as overtime.
- Part-time workers: Cannot be assigned overtime; if worked >30 hours, courts may consider full-time.
- Night work: Limited to 7.5 hours; anything above is overtime.
- Break times: 15 min (<4 hrs), 30 min (4–7.5 hrs), 1 hr (>7.5 hrs).
Importance of Overtime Calculation
Accurate overtime and extra working hours calculation in Turkey ensures legal compliance and avoids labor disputes.
Mismanagement can result in lawsuits, administrative fines, and reputational damage.
Professional Advisory
Since overtime is closely tied to employment contracts, collective agreements, occupational health & safety regulations, and payroll, professional guidance is essential.
ÖzbekCPA provides expert support on overtime and extra working hours calculation in Turkey, ensuring compliance and minimizing risks.
