According to Article 41 of the Labour Law, after a work is determined as overtime work in Turkey, the workers must be paid an overtime wage by increasing the wages of these works by 25%. As in the case of overtime work, it is also possible for the employee who works for overtime to use leave (free time) instead of overtime wages.
In this case, although the principles stated in the overtime work section are valid, the time that can be used for each hour of overtime work is foreseen as 1 hour and 15 minutes.
In the calculation of the wage for working in Turkey for excessive periods, the methods described for overtime work in Turkey are also valid, but the increase to be applied to the wage will be 25%, not 50%.
There is no provision on whether the overtime working wage will be taken into account in some compensation calculations and insurance premium calculations. However, since it is of the same type as overtime wage in Turkey, it will be taken into account exactly as described in overtime wage in Turkey.
How to prove your overtime work in Turkey ?
If the notion of work overload is partially subjective, it is important to base yourself on concrete elements.
As such, you can “build a file” to certify your overload:
- write down your hours,
- the tasks that are required of you,
- calls and messages received,
- without forgetting to specify the dates and times (to prove that you are contacted repeatedly on weekends for example), on the scale of a few weeks or months.
- Note also a daily report of your activities, the results obtained, to also attest to your abilities, your good faith and your organization.
