Overtime: pay, consent and the annual limit
Overtime and extra hours under the Labour Law, calculating the premium rate, the employee's consent, the 270-hour annual limit, time off in lieu, people who cannot work overtime, records and proof; a worked example.
Overtime is unavoidable in busy periods. But overtime pay is also one of the payroll items that causes the most disputes. Below we show the calculation with an example and then list the rules the employer must follow.
Example calculation
An employee with a monthly gross salary of TRY 45,000 worked 52 hours in one week.
| Step | Calculation | Result |
|---|---|---|
| Hourly wage | 45,000 ÷ 225 hours | TRY 200.00 |
| Overtime hours | 52 − 45 | 7 hours |
| Premium hourly rate | 200 × 1.5 | TRY 300.00 |
| Overtime pay (gross) | 300 × 7 | TRY 2,100.00 |
225 hours a month is the general convention based on 45 hours a week in a 30-day month. With your own figures: Overtime calculator
Two concepts: overtime and extra hours
| When? | Premium | |
|---|---|---|
| Overtime | Work exceeding 45 hours a week | 50% above the hourly wage |
| Extra hours | Where the contract sets weekly hours below 45, work exceeding those hours up to 45 | 25% above the hourly wage |
For example, at a workplace with a 40-hour week, work between 40 and 45 hours is paid with a 25% premium, and above 45 hours with 50%.
If averaging of hours applies, the 45-hour weekly limit applies to the average over the averaging period, not to individual weeks: Working hours and averaging
Rules the employer must follow
- Consent: the employee's written consent must be obtained for overtime. Consent can be obtained at hiring or at the start of the year and can be withdrawn during the year. An employee who does not consent cannot be made to work overtime.
- Annual limit: total overtime cannot exceed 270 h a year.
- Daily limit: daily working time, including overtime, cannot exceed 11 hours.
- Records: document overtime hours with timesheets or entry and exit records. In a dispute, the burden of proof rests largely on the employer's records.
- Payroll: overtime pay must be shown as a separate item on the payroll for the month concerned. A clause stating "overtime is included in the salary" is accepted in Court of Cassation practice only for up to 270 hours a year and to a reasonable extent.
Time off in lieu
If the employee wishes, instead of overtime pay they can take 1 hour 30 minutes off for each hour of overtime, and 1 hour 15 minutes for each hour of extra hours. The time off is given within six months, during the employee's working time and without any deduction from pay.
People who cannot be made to work overtime
- Employees under 18,
- Pregnant employees, those who have recently given birth and nursing employees,
- Those found by a medical report to be unfit for overtime for health reasons,
- Part-time employees,
- Employees in special jobs where health rules require at most 7.5 hours of work a day,
- In night work (20:00–06:00), beyond 7.5 hours.
Sanctions
Making employees work overtime in breach of the rules leads to an administrative fine; unpaid overtime pay becomes the subject of a claim, together with the employee's right to terminate and interest. An employee whose overtime pay is not paid can terminate the contract for just cause: Resignation and termination for just cause
Our related service: Working hours and overtime
Legal basis: Labour Law No. 4857 arts. 41, 63 and 69; Regulation on Overtime and Extra Hours under the Labour Law.