Turkey: Working Hours-Overwork- Overtime Time Work In Turkish Law

Last Updated: 26 July 2018
Article by Yalcin & Toygar

At times of force majeure, emergency, technical failure, urgent matters or if there are exceptional or compelling circumstances; the employer may require all or part of the employees to work overtime.


In working life, when one works for over 45 hours a week, it is known as Overwork. Even if the 45-hours working period is not met, normally the 45-hours working period would be distributed equally throughout the working days of the week. However, with the agreement of the parties, the employee may agree to work 11 hours per working day.

Therefore the average weekly working hours of an employee should not exceed 45 hours in 2 months' time; this practice is known as Equalisation. By applying the principle of Equalisation, even if the employee's average weekly working hour exceeds the normal weekly working period of 45 hours so working 11 hours per day, those extra hours are not regarded as Overwork.

The wage for each hour exceeding the 45 hours is calculated by paying the employee 50% more than the normal working rate per hour.


Under the employment contract, the parties can agree on setting the weekly working hours to be less than 45 hours. In such cases, if work is done in excess of the average working hours specified in the contract, the hours which totals the working hours to 45 hours, are classified as Overtime Work.

When the employee works overtime, the wage paid for each extra hour is raised by 25% of the normal working rate per hour. And if the employee works more than 45 hours, the 'overwork wage' calculation would apply; that is 50% more than the normal working rate per hour would be paid to the employee for each of the extra hour worked.

It should be highlighted that senior executives are exempted from the overtime pay rule above and are not paid extra; unless if in their contract of employment there is an arrangement agreed for overtime pay.

Nevertheless, the overall overtime work hours should not exceed 270 hours per year. Even if the employee has given its consent to work for more than 270 hours, if contrary occurs, the employee cannot be forced to work in respective of its consent. In spite of this limitation, if the employee's overall overtime work hour exceeds 270 hours, the overtime wage must be paid to the employee for those extra hours as well.

The employee has to give consent to work overtime. If the employee is in need of overwork, the consent of the employee can be obtained at the time of signing the employment contract or it can be obtained when the need arises and then it would be recorded in the employee's personnel file.

Generally, the Regulations and Supreme Court decisions state that despite the consent present in the employee contract, a written consent should also be obtained from the employee at the beginning of each year. The Supreme Court believes that the consent in the employment contract is valid only for the first year. The employer who fails to have a written consent from the employee for overtime work, the employer would be punished by paying administrative fines. If the employee refuses to overwork or work overtime, he has to submit a written notice within 30 days from the date of consent to the employer stating his withdrawal.

The wages for normal working hours, overwork and overtime work is paid to the employee in accordance with Article 32 and 34 of the Labor Law 4857. These payments have to be explicitly set out on the payroll as well as on the pay-slip of the respective employee (per Article 37 of the Labor Law 4857).

The employee who overworks or works overtime can request for free time of 1 hour 30 minutes for every 1 hour of overwork or 1 hour 15 minutes for every 1 hour of overtime work, instead of being paid the surcharges. The employee can use the free time within 6 months, without any interruption with its working hours or wages. However, the employer cannot decide on behalf of the employee to offer free time instead of paying surcharge without the request of the employee.

There can be overwork wage arrangement terms inserted in the employment contract. In such cases, even if the employee does not overwork, he is still qualified for the stated wages in the contract. In order for the arrangement to be valid, there must be a provision in the contract clearly stating that the overwork surcharge will be included in the actual salary. The provision should also state that the overwork hours must not exceed 11 hours per day and 270 hours per year.

If a provision in the employment contract mentions that the overwork wage is included in the monthly salary or the minimum salary or any other type of salary, that provision would not be valid if the total amount is clearly not proportionate and reasonable to what the employee should actually gain in relation to the hours of overwork done.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions