According to the Labor Code, the normal working time per week is set at 45 hours.
Overtime work refers to work that exceeds 45 hours in the conditions written in the labor code, while overtime work refers to work that exceeds these periods and is performed up to 45 hours in cases where the weekly working time is determined to be less than 45 hours.
Accordingly, in a service contract whose weekly working time is determined as 40 hours by the contract, the wage per hour is increased by 25% every hour until the weekly limit of 45 hours is reached. After the weekly limit of 45 hours is reached, every hour of work is considered overwork. In accordance with the regulation on overwork and overtime work on the labor code, the remuneration for each hour of overtime work is paid by increasing the amount of the normal working wage per hour by 50%. There is no difference in the calculation between the fact that these shifts are performed after the end of work on a weekday or by arriving on Dec weekend.
Accordingly, dec0 hours of working time is determined by the contract between 9.00 and 17.00 every weekday. The wage that will be reduced per hour per shift by up to 5 hours on a week-end week is increased by 25%, and the wage per hour for shifts after 45 hours is increased by 50%.
46 In the Labor Code. in accordance with Article 63 of the Labor Code before the holiday. they are given at least 24 hours of uninterrupted rest at a time of 7 days, provided that they have worked on the working days determined by the article.
This is called a week break. The law does not specify which day the week break will be. Therefore, it is not necessary that it be a Sunday, a desired day can be decided. Working 45 hours a week if done the week before the holidays will be given for each hour of overtime worked on a holiday again running the normal working of the hourly rate salary increased by 50% will be paid increased by.
In cases where the weekly working time is set below 45 hours, up to 45 hours of work will be considered overtime work, so you will be paid 25% more than usual for each hour of overtime work. Because in this case, it does not matter whether the shift is done on a weekday or on a week off. For example, a person came to work on a week off, and worked for 8 hours, which is the daily working time. The total working time on weekdays corresponds to 40 hours. Accordingly, the first 5 hours of Saturday will work for 25% more than the normal hourly wage, and the remaining 3 hours will receive 50% more than the norm hourly wage as an overtime wage because it exceeds 45 hours.
CALCULATING OVERTIME PAY
To explain the calculation of overtime pay by example, a worker who normally works 8 hours a day and earns 160 TL per day earns 20 TL per hour. If he works 40 hours a week under the contract and works 5 days a week, and also works on a Saturday, the worker;
since it will be mentioned that working for more than 5 hours up to 45 hours will be mentioned, the hourly work rate will be 25 TL per hour with an increase of 25% and will earn 125 TL,
In the next 3 hours, it will be calculated that the employee will earn $ 215 in total for that day, since the overtime pay will be $ 30 with an hourly increase of 50%, which will be $ 90 in total.
THE REMUNERATION OF THE EMPLOYEE WORKING ON HOLIDAYS
On the days of national holidays, New Year, public and religious holidays, general holidays come to the agenda. According to the Labor Code, during these holidays, employees are paid in full for that day without a job in return. If the employee works without a vacation on that day, he is also paid a day’s salary for each day worked. That is, the employee working on a national holiday is entitled to receive 2 times his daily wage. In addition, if the 45-hour weekly work period has been completed, it will receive a daily work fee with a holiday bonus, as well as a 50% hourly overtime fee with an overtime fee. If it doesn’t work, it will still receive its 1-day fee. For example, a worker who completes a 45-hour work hour and works on May 19;
1-) the fee that he will normally receive for a day’s work (whether it is 160 TL)
2-)due to his work on Eid, plus another daily wage (+160 TL)
3-) within 45 hours after completing 50% of the normal hourly rate (in the example, 50% of the 20TL will be 30TL per hour.)it will take.
If the national holiday or holiday coincides with the week break and the employee is not working today, the employee is paid a day’s pay. Both the general holiday fee and the week holiday fee are not paid together. However, if the employee works on this day, he must be paid a day’s wage, as well as an overtime pay.
THE CASE OF OVERTIME PAY
As specified in the Labor Code, the total amount of overtime periods cannot be more than 270 hours in a year. The claim that it is too much can be proved with a document.
Overtime work is usually done without a written agreement with the employer and without documentation. In other words, sometimes the employee works at the verbal request of the employer and cannot even receive overtime pay. For this reason, as of the period when the employees leave work, the lawsuit is being filed for the collection of employee receivables. Overtime wages exceeding 5 years are not paid due to the objection of the counterparty in the litigation process due to the 5-year statute of limitations for the remainder.
If there are no payroll and documents signed by the employer regarding overtime work in the overtime pay case that will be opened, if any, workplace entry and exit records, building entry and exit records must be used as evidence. Because although it is proved by the witness that he will receive overtime pay, relying only on witness evidence without a written document, the Supreme Court has allowed the case law to make an equity deduction from the overtime pay determined by the local court and to criticize the overtime pay calculated by the expert.
For this reason, when opening an overtime pay case, it should first be investigated whether there can be a written document that will prove that overtime has been done. Camera records, such as recordings of the breakdown of card entries. If he is not present, eyewitnesses who have worked during the same period should be listened to if possible regarding overtime work.
An overtime pay lawsuit can be filed alone, as well as all employee receivables (such as severance pay, notice compensation, balance salary.) can also be opened together with
