WORKING HOURS AND OVERTIME IN TURKEY

Under Turkish Law, Working Hours and Overtime Work is mainly defined and explained by the respective articles of following Turkish Legislation.

  • Turkish Labor Law (Law no. 4857) – (OJ. 10.06.2003: 25134)
  • The Working Time Regulation in relation to the Labor Law (Working Time Regulation) – (OJ. 06.04.2004: 25425)
  • Regulation on overtime and extra hours pursuant to the Labor Law (Overtime Regulation) – (OJ. 06.04.2004: 25425)

“Working Hour” is defined as the period of time that the employee spends at the workplace. (Art. 3 of the Working Time Regulation)

As per the same article of the Working Hours Regulation and in line with Article 66 of Turkish Labor Law, following periods are considered as the employee’s daily working hours:

  1. a) the time required for employees employed in mines, stone quarries or any other underground or underwater work to descend into the pit or workings or to the actual workplace and to return there from to the surface
  2. b) travelling time, if the employee is sent by the employer to a place outside the establishment,
  3. c) the time during which the employee has no work to perform pending the arrival of new work but remains at the employer’s disposal,
  4. d) the time during which the employee who ought to be performing work within the scope of his duties in the establishment is sent on an errand for his employer or is employed by him in his household or office, instead of performing his own duties,
  5. e) the time allowed to a female employee who is a nursing mother to enable her to feed her child,
  6. f) the time necessary for the normal and regular transportation of groups of employees engaged in the construction, maintenance, repair and alteration of railways, roads and bridges to and from a workplace at a distance from their place of residence.
  7. g) Time for transportation to and from the establishment which is not a requirement of the activity but is provided by the employer solely as a form of amenity shall not be regarded as part of the statutory working time.

However Rest Periods are not considered as Working Hours.

As per Art. 68 of Turkish Labor Law, Rest Periods are determined as below,

Up to Four Working Hours 15 Minutes
Between Four and Seven and Half Hours 30 Minutes
More than Seven and Half Hours One Hour

These periods are minimum and applied uninterruptedly.

Under Turkish Labor Law, regular working hours is:

A 45 hour working week (41/1 Art. 63 Turkish Labor Law) Regular working hours is equally divided to working days unless otherwise agreed. In the case that parties of employment contract agreed to disarrange the weekly working hours, daily limit of working hours cannot exceed 11 hours.

Overtime

Overtime is accumulated if the regular working hours are exceeded. Overtime must be remunerated with an additional bonus of 50% in money or 1 hour and 30 minutes time balance at the written request of the employee. As per article 5 of the Overtime Regulation total amount of overtime cannot exceed two hundred and seventy hours in one year.

As pert article 8 of Overtime Regulation, Overtime is prohibited for the following workers:

  1. a) workers under 18 years of age,
  2. b) workers holding a medical certificate issued by the works doctor or a doctor of the Office of President of the Social Insurances Institution, or, in places where there are no such doctors, by any medical practitioner confirming that their health does not allow it, even if they have previously agreed or subsequently agree to work overtime in an employment contract or collective labor agreement,
  3. c) workers who are pregnant, have just given birth or are breastfeeding, as indicated in the Regulations for which provision is made in Section 88 of the Tur,
  4. d) workers on part time employment contracts. Nor shall workers on part time contracts be required to work extra hours.

Excessive work

Excessive work is defined under the Article 41/3 of Turkish Law where weekly working hours is designated below the regular working hours and over the time specified in the employment contract. Excessive Work must be remunerated with an additional bonus of 25% in money or 1 hour and 15 minutes time balance at the written request of the employee.

Equalization or Balancing

Equalization application is executed if the parties of employment contract disarrange the weekly working hours independently. As per article 63(2) of Turkish Labor Law, the execution of equalization is possible only for 2 months period or it is could be extended to 4 months period with collective labor agreements. On the other hand the average working hours of equalization period cannot exceed 45 hours weekly and 11 hours daily.

Work on Public Holidays and Weekends – Articles 46 & 47 TLL

Work on public holidays should be paid as an additional full one day wage for each day worked, on the other hand work on weekends should be paid as an additional full one day wage for each day worked plus 50% overtime wage.

Sozer Cizmeci

Yazar: Sozer Cizmeci

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