What is overworking?
It refers to a period of time that exceeds ordinary working hours (45 hours) stated in Labor Law.
On the other hand, if weekly working time in an office is determined less than 45 hours and the employee works more than that period of time or completes his/her working hours to 45 hours, it is called “extra labor”.
1- How are the fees of overworking and extra labor calculated?
The fee given hourly for overworking should be calculated by increasing 50% of normal hourly fee.
Furthermore, the fee given hourly for extra labor should be calculated by increasing 25% of normal hourly fee.
2- How can one use his/her free time in overworking and extra labor?
In case of overwork and extra work, a worker may demand to use
-1 hour 30 minutes in return for every overtime,
-1 hour 15 minutes in return for extra labor time as a free time instead of increased fee on condition that the employee makes a written declaration to the employer.
The employee may use that free time,
-Within semiannual period,
-within working hours without salary deduction.
3- On which conditions will there be no overworking and extra labor?
These conditions are listed below:
– In night works (article 69 of Labor Law)
– Works with limited duration because of health problems (article 63 of Labor Law)
– employees working in mining works in underground (article 42-43 of Labor Law)
– If an employee overworks in an underground work as a result of force majeure, his/her hourly fee should be increased at least 100% for every extra hour (the period exceeding ordinary working hours which is 37,5 hours).( article 42-43 of Labor Law)
– Under age workers
– Pregnant, women after childbirth and breastfeeding mothers
– Employees with employment contract of definite duration
– There should be approval of employee for overtime works.
What is the maximum overwork time for an employee?
Overwork time cannot be more than 270 hours in a year.
Source: Labor Law No. 4857
