Overtime Pay: Limits, Calculation and Limitation Period

Author: Att. Ahmet Bertuğ Dönmez Date: 26 June 20261 min read

Overtime is work exceeding 45 hours a week under the conditions set by law (Labour Law No. 4857, Art. 41). Where an averaging scheme applies, work exceeding that limit in some weeks is not overtime, provided the employee's average weekly working time does not exceed 45 hours.

How is it calculated?

Each hour of overtime is paid at the normal hourly wage increased by fifty per cent (Art. 41). For example, an employee whose hourly wage is TRY 200 must be paid TRY 300 for each hour of overtime.

The time-off option

If the employee wishes, instead of the increased wage, they may take one hour and thirty minutes of time off for each hour of overtime. The time off must be granted within six months, within working hours and without any deduction from wages (Art. 41).

Limits and consent

• The employee's consent is obtained for overtime (Art. 41).
• Total overtime may not exceed 270 hours a year (Art. 41).
• Special rules apply to overtime for compelling reasons and in extraordinary circumstances (Arts. 42, 43).

Proof and lawsuit

The employee must prove that overtime was worked. Timesheets, entry-exit records, work correspondence, e-mails and witness statements are used for this. Applying to a mediator before filing a lawsuit is mandatory (Labour Courts Law No. 7036, Art. 3).

Limitation period

Overtime pay is a wage claim arising from the employment contract and is subject to a five-year limitation period (Turkish Code of Obligations No. 6098, Art. 147). The period runs separately for each claim from the date it fell due, so claims for periods older than five years may be time-barred.

Sources

• Labour Law No. 4857, Arts. 41, 42, 43
• Labour Courts Law No. 7036, Art. 3
• Turkish Code of Obligations No. 6098, Art. 147