1. Term of employment is designated as maximum 45 hours a week. Overwork (overtime) begins when 45 hours of terms of working time is exceeded. Working extra hours (excessive work) is determined as the hours that are up 45 hours a week in the event that working hours are designated below 45 hours under an agreement. Overtime total shall not be more than 270 hours a year.
According to the Article 41/2 of the Labor Law, wage for each 1 hour of overtime is calculated by adding 50% of the normal wage for each hour to such overtime.
Here is an example to explain working for extra hours (excessive work);
Weekly working hours in a company titled “A” is designated as 40 hours under a written agreement. The workers have performed work for 43 hours in the week x. 43 hours of working time is under the statutory limitation however 3 hours of extra working hours shall be calculated by adding 25% of the normal wage for each hour to such extra working hours since the parties have designated 40 working hours for a week.
In addition, it is at the discretion of the worker who has performed overtime or excessive work to choose using half an hour of free time in exchange for 1 hour of overtime and 15 minutes of free time in exchange for 1 hour of excessive work in place of increased wage and such determination is designated under Article 41/4 of the Labor Law. The worker reserves the right to use such free time in the working hours in 6 months period and no cut in his/her salary is executed.
2. Calculation of overtime does not differ in the event that such overtime is either performed in the evenings or on Saturdays. Completion of 45 hours of working time shall be examined and an increase of 25% shall be applied to a normal hour if such time is not exceeded and an increase of 50% shall be applied to a normal hour if exceeded.
3. In case the worker has completed 45 hours of weekly term of work before holiday and performed such work at the holiday of the week, a 50% of increase shall be applied to a normal working hour wage for each hour of overtime. In the event that weekly working term of work is designated less than 45 hours, an increase of 25% shall be applied to a normal working hour wage for each hour of excessive work since the work performed until 45 hours is considered as excessive work and such work exceeds average weekly term of work.
An Example: Working hours is designated as 09:00 and 17:00. The daily working term of the staff is 8 hours and the workplace is active 5 days of the week. Therefore the staff works 40 hours a week. The normal hourly wage of the staff is TRY 10 (tenturkishlira).
a) The worker has performed one hour of overtime every weekday.
Therefore, for each hour of overtime 10 + 10 *0.25 = 12,5 TRY
If such is the case, the wage to be paid to such worker for his/her overtime is 12,5 * 5 days = 62,5 TRY.
b) The worker has not performed any overtime in the weekday however s/he has performed 9 hours of work on Saturday.
In such case, s/he has performed 5 hours of work until the limit of 45 hours. The wage of such term of 5 hours is 10*0,25 = 2,5 TRY * 5 hours = 12,5 TRY (excessive work)
The wage for 4 hours that exceed the limit of 45 hours is 10 * 0,50 = 5 hours * 4 hours = 20 TRY (overtime wage)
Normal accrued wage for an hour is 10 TRY * 8 hours = 80 TRY (normal hour wage)
Total wage of the worker is: 80 + 20 + 12,5 = 112,5 TRY (32,5 TRY part of the total is considered as overtime)
4. Even though there is no determination in the Law on whether to calculate the overtime on gross or net wage, all wages designated in the Law is determined on gross wage. However, overtime is calculated on net wage in transactions performed by Execution Offices according to Supreme Court practice.
It should also be stated that; since it is statutory (Article 63/1 of the Labor Law) to grant a worker a straight holiday of 24 hours in a week, the wage calculated for one week is actually the consideration of 6 days of work.
If 45 hours of work is designated, working hours for one day is 7,5 hours. In order to calculate overtime wage, daily net wage shall be determined by dividing the monthly wage to 30 and the hourly wage shall be determined by dividing such daily wage to 7,5. Then, 50% of an increase shall be applied to such overtime and the result is determined as the hourly wage of time of work.
5. Furthermore, in line with the Article 69 of the Labor Law, night work shall begin earlier than 20:00 and end earlier than 06:00 and such work shall not exceed 11 hours in any case. Night work of workers shall not exceed 7,5 hours.
6. In brief, maximum weekly working hours is 45 hours. Unless otherwise agreed, working hours are equally divided into working days of the week. Daily working hours shall not exceed 11 hours.