Overtime Work and Overtime Pay in Turkey: Calculation, Legal Limits and Employee Rights

What Is Overtime Pay in Turkey?

Overtime pay in Turkey is a separate wage item paid for each hour worked beyond 45 hours a week, at a rate 50% higher than the worker’s regular hourly wage. The application of overtime pay in Turkey emerged to compensate the worker’s extra effort and time when the employer requires work outside of the weekly working hours. This payment aims to provide fair compensation for overtime hours by increasing the worker’s regular wage.

1. Rate and Terminology of Overtime Pay in Turkey

Overtime wage in Turkey is a different form of payment from the worker’s regular wage. It is generally referred to as “overtime pay” or “extra work pay” and is subject to the following principles:

• Premium Rate: The worker is entitled to receive 50% more than their regular hourly wage for each hour worked during overtime in Turkey (Article 41/2 of the Labor Law).
• Purpose: It aims to provide an additional financial benefit for every extra hour worked beyond the designated weekly working hours.
• Legal Nature: Overtime pay is part of the broader concept of wages and is a labor receivable granted to employees by law.

2. Legal Basis of Overtime Pay in Turkey

The Turkish Labor Law and relevant regulations contain specific provisions regarding overtime work in Turkey. These provisions are designed to encourage the worker’s extra effort and ensure that the employer compensates overtime hours fairly. Since overtime pay is a right granted to employees by law, legal assistance should be sought in the event of a potential dispute.

What Are the Legal Working Hours in Turkey and When Does Overtime Start?

Under Turkish Labor Law, working time is generally a maximum of 45 hours per week, and any work exceeding this limit qualifies as overtime. Daily working time can never exceed 11 hours. The distribution of weekly hours across the days, averaging (balancing) periods and compensatory work directly affect the point at which overtime in Turkey begins.

1. The 45-Hour Weekly and 11-Hour Daily Limits in Turkey

Unless otherwise agreed, the standard 45-hour workweek is evenly distributed across the working days. However, employers and employees may mutually agree on specific working hours for each day. Regardless of the arrangement, any work exceeding 45 hours per week qualifies as overtime work in Turkey.

• 45 Hours Is a Ceiling: The 45-hour weekly working limit is not mandatory; employers may establish shorter weekly working periods.
• Up to 11 Hours a Day: Employers can require employees to work up to 11 hours per day without triggering entitlement to overtime pay in Turkey, provided the weekly 45-hour limit is not exceeded.
• 11 Hours Is an Absolute Limit: The daily 11-hour limit is absolute, and employees cannot consent to exceed it.

2. How Is Overtime Determined Under an Averaging (Balancing) Period in Turkey?

By written agreement of the parties, weekly working hours may be distributed unevenly across the working days; in that case, working more than 45 hours in some weeks does not count as overtime as long as the average weekly working time over a two-month balancing period does not exceed 45 hours. The balancing period may be extended to four months by collective bargaining agreements (Article 63/2 of the Turkish Labor Law); in the tourism sector, the balancing period is four months and may be extended to six months by collective bargaining agreements. The 11-hour daily limit cannot be exceeded under an averaging arrangement either.

• Agreement of the Parties: Averaging is applied by written agreement between the employee and the employer (Article 5 of the Regulation on Working Hours), not by the employer’s unilateral decision.
• Exceeding the Average: If the weekly average exceeds 45 hours at the end of the balancing period, the excess is paid as overtime.
• Record Keeping: In workplaces applying averaging, recording employees’ working hours is decisive for proof in a potential dispute.

3. Which Periods Count as Working Time in Turkey?

Whether the employee is continuously working is not significant when calculating working hours; the time periods during which the employee is under the employer’s authority and ready to perform tasks as required are also included in working time. Article 66 of the Labor Law separately lists situations that count as working time even without actual work. These periods are added to the total weekly hours when calculating overtime in Turkey.

• Entry and Exit in Underground Work: In mines, quarries or any work carried out underground or underwater, the time required for workers to descend to and ascend from shafts, galleries or their actual place of work.
• Travel Time When Sent to Another Place: Time spent travelling when workers are sent by the employer to work somewhere other than the workplace.
• Standby Time: Time the worker spends at work, ready to perform at any moment, without being put to work and waiting for work to arise.
• Assignment Elsewhere by the Employer: Time spent when the worker is sent elsewhere by the employer or kept busy at the employer’s home, office or any place relating to the employer without performing their actual work.
• Nursing Breaks: Time allowed to nursing female workers to breastfeed their children.
• Collective Transport Time: In all kinds of work such as the construction, maintenance, repair or alteration of railways, highways and bridges, where workers must be taken together to workplaces located far from their places of residence, the time spent while they are collectively and regularly taken to and from work.

By contrast, the time spent in vehicles while being taken to and from the workplace by the employer purely as a social benefit, and not because of the nature of the work, does not count as working time (Article 66/2 of the Labor Law). Therefore, under Turkish law, time spent in an employer-provided shuttle is not added to overtime calculations in every case.

4. Does Compensatory Work Count as Overtime in Turkey?

Under Article 64 of the Turkish Labor Law, compensatory work performed for time not worked because work stopped for compelling reasons, because the workplace was closed before or after national or general holidays, or because the employee was given leave at their own request does not count as overtime or additional work hours. The same provision also covers cases where, for compelling or similar reasons, work at the workplace falls significantly below normal working hours. The employer may require compensatory work for such periods within four months, and the President of Turkey is authorized to extend this period up to twice its length. Compensatory work may not exceed three hours a day, provided that the maximum daily working time is not exceeded, and may not be required on holidays.

If compensatory work does not meet the statutory conditions, for example if it is required after the four-month period or the three-hour daily limit is exceeded, work beyond 45 hours a week is treated as overtime under the general rules. Therefore, work that an employer labels “compensatory work” does not automatically fall outside the scope of overtime in Turkey.

What Is the Hourly Minimum Wage and Overtime Rate in Turkey in 2026?

In 2026, since the gross minimum wage is set at 33.030,00 TL, this gross wage is taken as the basis for calculating overtime in Turkey for minimum wage earners. Accordingly, the hourly gross minimum wage is 146,80 TL, and the hourly overtime wage in Turkey for the minimum wage is 220,20 TL.

However, these figures represent the minimum limits. If the employee’s salary exceeds the minimum wage, overtime pay is calculated based on the higher gross salary. Each employee’s overtime pay in Turkey is therefore determined separately on the basis of their own monthly gross salary.

Is Overtime in Turkey Calculated Based on Gross Salary?

Overtime in Turkey is calculated based on gross salary, not net salary. The employee’s net salary does not directly affect overtime calculations because these calculations are based on gross salary. Since net salary is a value after taxes, insurance deductions, and other financial components, overtime calculations rely on gross figures.

• How Is Overtime Calculated From a Net Salary in Turkey?

An employee who knows only their net salary must first convert the net salary into a gross salary and then calculate the hourly overtime rate on the gross amount in order to calculate overtime pay correctly. Dividing the net salary directly by 225 and multiplying by 1.5 gives an incorrect result, because deductions are not taken into account. The net overtime amount the employee actually receives is found by deducting the statutory deductions under Turkish law from the gross overtime pay.

1. Converting Net to Gross: The net salary is converted into a gross amount using the gross salary on the employee’s payslip or the gross-to-net calculation method.
2. Calculating Gross Overtime Pay: The monthly gross salary is divided by 225, the resulting hourly wage is multiplied by 1.5, and this is multiplied by the overtime hours to find the gross overtime pay.
3. Deducting Withholdings: The employee’s social security (SGK) contribution, unemployment insurance contribution, income tax and stamp tax are deducted from the gross overtime pay to arrive at the net amount.

• What Deductions Are Made From Overtime Pay in Turkey?

Like regular wages, overtime pay in Turkey is included in earnings subject to social security contributions and in the income tax base; therefore, SGK contributions, unemployment insurance contributions, income tax and stamp tax are also deducted from overtime pay. The income tax rate is determined under a progressive scale starting at 15%, depending on the employee’s cumulative tax base during the year. For this reason, the net equivalent of the same gross overtime pay may be higher in the first months of the year than in the last months.

How Is Overtime Calculated in Turkey?

Overtime in Turkey is calculated by dividing the worker’s monthly gross salary by 225 to find the hourly wage, multiplying that hourly wage by a coefficient of 1.5, and multiplying the result by the number of hours worked beyond 45 hours a week. The first step in calculating overtime pay in Turkey is determining the worker’s gross salary. First, the worker’s monthly salary is determined, then the hourly wage is calculated, and overtime pay is found by applying a specific coefficient to the hourly wage.

1. Why Is the Monthly Salary Divided by 225 in Turkey?

The monthly gross salary is divided by 225 because the 45-hour working week divided over six working days gives a daily working time of 7.5 hours, which is multiplied by the 30-day monthly pay period (7.5 × 30 = 225). Since a monthly-paid worker’s wage in Turkey is paid for 30 days including the weekly rest day, the hourly wage is reached using this method. By the same logic, the daily gross wage is found by dividing the monthly gross salary by 30. For this reason, in Turkish practice monthly working time is taken as 225 hours, and the hourly wage calculation is made by dividing the monthly gross salary by 225.

• Hourly Wage: Monthly gross salary ÷ 225
• Daily Wage: Monthly gross salary ÷ 30

2. Sample Overtime Pay Calculation in Turkey

For example, assume a worker in Turkey works 55 hours in a week and their monthly gross salary is 56,250.00 TL. The calculation is made in three steps:

1. To calculate hourly wage: 56,250.00 ÷ 225 = 250 TL
2. To calculate the overtime hourly rate with a 50% increase: 250 × 1.5 = 375 TL
3. To calculate overtime pay: Total overtime hours × overtime hourly rate. Overtime hours: 55 – 45 = 10; overtime pay: 10 × 375 = 3.750,00 TL

In this case, if the employee works 55 hours, an overtime payment of 3.750,00 TL will be made. According to Article 5/2 of the Overtime Regulation, when calculating overtime hours in Turkey, periods of less than half an hour are rounded up to half an hour, and periods exceeding half an hour are rounded up to one hour.

3. How Much is One Hour of Overtime in Turkey?

The calculation for one hour of overtime pay in Turkey involves determining the worker’s gross hourly wage and applying the overtime coefficient. Below, you can find a sample calculation for the question “How much is the overtime pay for 1 hour in Turkey?” as well as the formula used for the calculation:

1. Hourly Wage Calculation in Turkey: Monthly gross salary ÷ 225 (monthly working hours) = Hourly wage. Example: if the monthly gross salary is 67,500 TL, the hourly wage is 67,500 / 225 = 300 TL/hour.
2. Overtime Pay Calculation in Turkey: Hourly wage × 1.5 (50% overtime increase) = Overtime pay. Example: 300 TL × 1.5 = 450 TL/hour.
3. Overtime Wage Calculation Based on the 2026 Minimum Wage: Since the hourly gross minimum wage (2026) is 146,80 TL, overtime pay is 146,80 TL × 1.5 = 220,20 TL/hour.

Employers can calculate payments for overtime work in Turkey using this formula. Actual figures may vary depending on workplace policies. Employees can use the same formula to check the overtime amounts shown on their payslips.

4. What Does “Overtime Coefficient” Mean in Turkey?

The overtime coefficient is a practical term for the multiplier applied to the gross hourly wage depending on the type of extra work; the coefficient is 1.5 for overtime exceeding 45 hours a week and 1.25 for additional work hours. For work on national and general holidays, the worker receives one additional day’s wage for each day worked on top of that day’s wage, which is why such work is referred to in practice as “100% overtime” or “double pay”. Under Turkish law, the applicable coefficient depends on the nature of the work and the day on which it is performed.

5. Points to Consider in Overtime Pay Calculations in Turkey

When calculating overtime pay in Turkey, not only the 45-hour weekly limit but also daily working time limits, health rules, periods counted as working time despite no actual work, and sector-specific legislation must be taken into account. If any of these points is overlooked, overtime hours and pay may be determined incorrectly:

• Daily Work Hour Limits: The maximum daily working hours are 11 hours in Turkey. Even if the weekly total does not exceed 45 hours, work exceeding 11 hours in a day is considered daily overtime. For night work, the maximum is 7.5 hours per day; overtime pay must be provided for night work exceeding this limit.
• Compliance with Health Regulations: According to health regulations, work exceeding 7.5 hours per day, or the designated shorter working hours for specific jobs, is considered overtime. For jobs requiring less than 7.5 hours of daily work, any work exceeding the prescribed daily working hours falls under overtime. Whether the statutory 45-hour weekly limit has been exceeded is irrelevant in such cases, as these are calculated on a daily basis.
• Continuous Work Status: Whether the employee is continuously working is not significant when calculating working hours. The time periods during which the employee is under the employer’s authority and ready to perform tasks as required are also included in the calculation of working hours, and situations specified under Article 66 of the Labor Law must be taken into account when determining working hours.
• Regulatory Differences: Overtime practices may vary depending on the regulations in effect in different sectors. For example, for seafarers under the Turkish Maritime Labor Law, working time under Article 26 of the Maritime Labor Law is generally eight hours a day and forty-eight hours a week; work beyond this limit counts as work at extra hours, and under Article 28 of that Law the pay for each such hour may not be less than the regular hourly wage increased by 25%. Similarly, the Press Labor Law includes specific regulations regarding the working hours of press employees. In sports law, however, the overtime provisions of the Labor Law do not apply to athletes, because under Article 4(g) of the Labor Law the Law does not apply to athletes. Due to sectoral differences, each employee is subject to the working hours and overtime conditions determined by the applicable legislation, which requires both employers and employees to be aware of and comply with the relevant legal regulations.

6. Effect of Break Periods on Working Hours in Turkey

Break periods granted under Article 68 of the Turkish Labor Law are not included in working hours and are deducted from weekly working time when calculating overtime. According to Article 3 of the Regulation on Working Hours, working time is the time the worker spends on the work they are employed for. Additionally, the periods specified under Article 66 of the Labor Law are also included in working hours.

When determining the weekly working hours, the time interval between when the worker starts and ends their shift is considered. However, there may be non-working intervals during this time, such as lunch breaks, tea breaks, or rest periods. These break periods are not included in overtime calculations and are deducted from the total weekly working hours in Turkey.

According to the Turkish Labor Law, break periods depend on the length of daily working time. The statutory break periods are as follows:

• For jobs lasting up to four hours: fifteen minutes
• For jobs lasting more than four hours and up to seven and a half hours (including seven and a half hours): thirty minutes
• For jobs lasting more than seven and a half hours: one hour

Break periods must be granted to workers in Turkey. Especially in work shifts exceeding 11 hours, Court of Cassation practice recognizes a break period of 1.5 hours. These regulations aim to protect workers’ rights and ensure workplace health and safety.

Does Work on Sundays and Public Holidays Count as Overtime in Turkey?

In Turkish Court of Cassation practice, work on the weekly rest day is treated as overtime and paid with a 50% premium, while work on national and general holidays is compensated under Article 47 of the Labor Law with one additional day’s wage on top of that day’s wage. The calculation of such work, referred to in practice as “Sunday overtime” and “holiday overtime”, is based on principles different from the overtime calculation. For this reason, each receivable should be shown separately on the payroll.

1. Pay for Work on the Weekly Rest Day (Sunday) in Turkey

Under Article 46 of the Labor Law, a worker who has worked on the working days determined under Article 63 of the Labor Law preceding the rest day is given an uninterrupted rest period of at least twenty-four hours (weekly rest day) within a seven-day period. A worker who works on the weekly rest day is paid for that work in addition to the weekly rest day wage, which is paid even without working. In the practice of the Turkish Court of Cassation, work on the weekly rest day is calculated with a 50% premium, like overtime pay.

Under a provision added to Article 46 of the Labor Law by Law No. 7553 of 10.07.2025, in accommodation facilities holding a tourism operation certificate in Turkey, the weekly rest day may, at the employee’s written request or with their consent, be used within four days following the day on which it was earned. In that case, the part of work performed on the earned rest day equal to normal daily working time is not taken into account in the overtime calculation; the employee may withdraw their consent by giving thirty days’ written notice.

2. How Is Holiday Overtime Pay Calculated in Turkey?

Under Article 47 of the Turkish Labor Law, a worker who works on national and general holidays is paid one additional day’s wage for each holiday worked, on top of that day’s wage. For this reason, holiday work is referred to in practice as “100% overtime” or “double pay”. For example, since the daily gross wage of a minimum wage earner in Turkey in 2026 is 33.030 TL / 30 = 1.101 TL, an additional payment of that amount is made for each full holiday worked. Whether work will be performed on national and general holidays is determined by collective agreements or employment contracts; if there is no provision in the contract, the employee’s consent is required for such work.

Legal Limitations on Overtime Work in Turkey

The Turkish Regulation on Overtime and Additional Hours Work restricts overtime in underground mining, in jobs requiring 7.5 hours or less of daily work due to health rules, in night work, and in work carried out underground or underwater. The Labor Law and this regulation foresee limitations on overtime work in certain situations. These limitations are as follows:

1. Workers in Underground Mining Jobs: Except for compulsory or extraordinary reasons, workers employed in underground mining cannot be required to work overtime. Considering the specific nature and risks of underground mining, the working hours for these workers are subject to certain restrictions.
2. Jobs Requiring a Daily Working Time of 7.5 Hours or Less Due to Health Regulations: For specific jobs where health regulations apply, daily working hours are limited to 7.5 hours. In such cases, workers cannot be required to work more than 7.5 hours per day in Turkey.
3. Night Work: Under Article 41 of the Labor Law and Article 7 of the Regulation, overtime cannot be required in work carried out during the night period. However, overtime performed in addition to work counted as day work may be carried out during the night period; this limitation aims to ensure that night work is managed more carefully in terms of worker health and safety.
4. Jobs Performed Underground or Underwater, such as Mining, Cable Laying, Sewer Construction, and Tunnel Construction: Workers employed in such risky jobs cannot be required to work overtime. This measure is aimed at enhancing the safety of workers employed under particularly dangerous conditions.

These limitations aim to protect workers’ rights, ensure occupational health and safety, and consider the specific conditions of workers employed in risky and demanding jobs. These provisions are introduced under Turkish law to ensure that workers operate under safe working conditions.

Workers Prohibited from Working Overtime in Turkey

The Regulation on Overtime and Additional Hours Work legally prohibits certain groups of workers from performing overtime work in Turkey. The following groups of workers are prohibited by law from working overtime in Turkey:

1. Workers Under the Age of 18: The Labor Law prohibits young workers under 18 years of age from working overtime in Turkey. This regulation aims to protect young workers from excessive work, considering their education and health.
2. Workers Whose Health Conditions Prevent Overtime as Certified by a Workplace Doctor or a Report by the Social Security Institution’s Doctor: Workers who cannot perform overtime due to their health conditions cannot be required to do so if they provide certification from a workplace doctor or a Social Security Institution doctor or, where these are not available, from any physician, even if they had accepted overtime in their contract beforehand or afterwards.
3. Pregnant, Postpartum, and Nursing Workers: Overtime work in Turkey is prohibited for workers during pregnancy, postpartum, or nursing periods. This prohibition aims to protect their health and the well-being of their babies during this period.
4. Workers with Part-Time Employment Contracts: Part-time workers cannot be required to work overtime, nor additional work hours. This regulation aims to keep workers’ working hours within pre-determined limits.
5. Workers in Underground Mining: Except for compelling reasons under Article 42 and extraordinary situations under Article 43 of the Labor Law, workers employed in underground mining cannot be required to work overtime. Working time in this work is at most seven and a half hours a day and thirty-seven and a half hours a week.

Workers prohibited from working overtime in Turkey have the right to terminate their employment contracts for just cause if forced to perform overtime. This provision aims to protect workers’ rights regarding health, family situations, or specified working hours.

Professions in Turkey Without the Right to Overtime Pay

According to precedents established by the Court of Cassation, workers in certain professions are not entitled to overtime pay in Turkey, such as medical representatives, senior executives and concierges, who determine their own working hours or whose overtime is not recognized due to the nature of the job. These situations include:

1. Medical Representatives: Medical representatives typically determine their own working hours. Overtime work is therefore determined by closely examining their daily activities and work schedules.
2. Senior Executives: Senior executives who perform their duties autonomously, receive high salaries, and do not have another senior executive providing instructions in the same workplace determine their own working days and hours. In this case, they are not entitled to overtime pay in Turkey.
3. Concierges: For concierges who live in the concierge flat and whose private life and working time are intertwined, the Court of Cassation, as a rule, does not accept overtime for ordinary concierge services such as rubbish collection, cleaning and garden maintenance in buildings heated by natural gas. However, overtime may be accepted for periods involving additional tasks such as operating the central heating boiler; the outcome therefore depends on the nature of the work performed.

These professional groups are typically exempt from overtime pay provisions in Turkey because they either have the authority to determine their own working hours or are not expected to perform overtime under specific conditions. Nevertheless, the worker’s actual working pattern is assessed separately in each specific case.

Compensation for Overtime Work Through Leisure Time in Turkey

A worker in Turkey who performs overtime has the right, upon request, to use free time instead of receiving increased overtime pay. For each hour of overtime worked, the worker is entitled to 1 hour and 30 minutes of leisure time. The worker’s right to use leisure time instead of receiving additional pay depends on their personal preference.

• Employer’s Obligation to Accept: Employers cannot refuse this request. Employers are obligated to accept the worker’s request and cannot prevent the worker from exercising this right.
• Legal Basis: According to Article 41 of the Labor Law No. 4857, the worker may use 1 hour and 30 minutes of leisure time for each hour of overtime worked.
• Manner of Use: Under Article 6 of the Overtime Regulation, the worker applies to the employer in writing; they use the earned leisure time without interruption on working days from the date determined by the employer in line with the needs of the work or workplace. Leisure time cannot be granted on holidays and leave days arising from the law or the contract.
• Period of Use: The worker is entitled to use the accumulated leisure time within six months without any deductions from their working hours or wages.

How Is Overtime Regulated for Night Shifts in Turkey?

The Turkish Labor Code regulates overtime in night shifts in Turkey by providing that workers may, as a rule, not work more than 7.5 hours during the night period, while imposing certain responsibilities on both employees and employers. The dynamic working conditions in the labor market, particularly working hours during night shifts, are a significant concern for both employers and employees. This highlights the necessity to regulate working hours, protect employee rights, and provide solutions suitable for specific sectors in the private sector.

Alongside the rules it sets for night-shift overtime, the Labor Code also takes the exceptions in this area into account. Overtime conditions and obligations for night shifts in Turkey are explained below.

1. Working Hours and Shift Schedules

Night shifts in Turkey are planned in such a way that at least three shifts are scheduled within a 24-hour period. This regulation allows the possibility to organize the work schedule into three 8-hour shifts in workplaces operating 24 hours a day. This shift pattern rests on the rule in Article 69 of the Turkish Labor Law that workers’ night work may not, as a rule, exceed seven and a half hours. In addition, under Article 41 of the Labor Law overtime cannot be required in work carried out during the night period; in Court of Cassation practice, night work exceeding seven and a half hours in breach of this limit must be paid as overtime even if the 45-hour weekly limit is not exceeded.

2. Exceptions

In work carried out in tourism, private security, healthcare, and petroleum exploration, prospecting and drilling (and subcontracted work at these workplaces), the schedule may be arranged as two shifts in 24 hours under Article 4 of the Shifts Regulation. However, even in such cases, the working hours stipulated in the Turkish Labor Code and the relevant regulations must be followed.

3. Employee’s Written Consent

Workers’ night work may not, as a rule, exceed seven and a half hours, and this limit generally cannot be exceeded even with the worker’s consent. Under Article 69 of the Turkish Labor Law, night work exceeding seven and a half hours may be required only in tourism, private security, healthcare, and petroleum exploration, prospecting and drilling work, and only with the worker’s written consent.

4. Is There Premium Pay for Night Workers in Turkey?

The Labor Code does not include a specific provision on extra or premium pay for night workers in Turkey. However, premium pay may be set for night work through employment contracts or collective bargaining agreements. These payments usually include a 10% increase and may be referred to as “night premium” or “night bonus.”

5. Employee Rights and Obligations in Night Shifts

The rules protecting workers in night work under Turkish law provide additional safeguards, particularly with regard to age, gender and health. These rules are as follows:

• In industrial work, children and young workers under 18 may not be employed at night (Article 73 of the Labor Law); in work carried out in shifts, workers under 18 also cannot be employed in night shifts between 20:00 and 06:00.
• The rules on employing female workers over 18 in night shifts are set out in a regulation prepared by the Ministry of Labor and Social Security after obtaining the opinion of the Ministry of Health.
• Before assigning night shifts to female workers, employers must obtain a health report from the workplace physician stating that night work poses no risk; pregnant and nursing workers cannot be employed in night shifts during the periods set out in the regulation.
• Night work may exceed 7.5 hours only in tourism, private security, healthcare, and petroleum exploration, prospecting and drilling work, and only with the worker’s written consent.
• Employers must comply with the limitations set by the Labor Code for night shift work.

6. Penalty for Non-Compliance With Night Work Rules

The penalty for failing to comply with obligations related to night work and overtime in Turkey includes an administrative fine pursuant to Articles 69 and 104 of the Labor Law. An administrative fine may be imposed on the employer or the employer’s representative in cases of non-compliance with night work regulations. In light of this information, compliance with the Labor Law is crucial regarding workers’ rights and obligations related to night work and overtime.

Difference Between Overtime and Additional Work Hours

Additional work hours refer to the work done beyond the normal weekly working hours up to 45 hours, while overtime refers to the extra hours worked outside the 45-hour weekly work limit. Overtime and additional work hours represent different concepts in Turkish labor law:

• Additional Work Hours: When the weekly working hours are determined to be less than 45 hours, work carried out beyond the specified weekly working hours, up to 45 hours, is classified as additional work hours.
• Overtime: Work performed beyond the 45-hour weekly work schedule is referred to as overtime.

An employer in Turkey may request employees to work additional hours until the 45-hour weekly work limit is reached, and the payment for this work is calculated with a 25% increase on the normal wage. For overtime beyond 45 hours, the wage is calculated with a 50% increase on the normal wage.

Time of Payment for Overtime Wage in Turkey

The employee’s overtime wage in Turkey is paid along with their regular wages. According to Article 10 of the Overtime Regulation, the employer is required to issue a document detailing the overtime hours worked by employees. A signed copy of this document must be kept in the employee’s personal file, and these payments must be detailed on payrolls and pay slips.

Is Unpaid Overtime in Turkey a Just Cause for Termination?

Because overtime pay is part of wages, failure to calculate or pay wages in accordance with the law or the contract entitles the employee to terminate the employment contract immediately for just cause under Article 24 of the Turkish Labor Code. One of the employer’s fundamental obligations in employment contracts is to pay the employee’s wages on time and in full. Therefore, unpaid overtime constitutes just cause for termination.

1. Right to Terminate for Just Cause and the SGK Exit Code

If wages, including working overtime, are not calculated or paid according to legal requirements or contract terms, the employee is entitled to terminate the employment contract for just cause, as stipulated in Article 24 of the Turkish Labor Code. If the overtime wage is not paid, the employee may terminate the employment contract immediately for just cause, and the SGK exit declaration is submitted with code 25.

2. Receivables That Can Be Claimed After Termination for Just Cause

Where unpaid overtime in Turkey constitutes just cause for termination, the employee can claim accrued labor receivables after leaving the job. These receivables are as follows:

• Severance Pay: severance pay can be claimed where the statutory conditions are met.
• Overtime Wages: Unpaid overtime wages can be claimed.
• National Holiday and General Holiday Pay: Pay for unpaid work on these days can be claimed.
• Annual Leave Pay: annual leave receivables can be claimed.
• No Notice Pay: However, the employee will not be entitled to notice pay in Turkey.

3. Is Overtime Pay Included in Severance Pay in Turkey?

According to Turkish Court of Cassation practice, overtime pay is not included in the gross “dressed” wage used as the basis for calculating severance and notice pay. While continuous monetary and monetary-equivalent benefits such as meals, transport and bonuses are added to the employee’s last gross wage when calculating severance pay, payments that vary depending on work, such as overtime and weekly rest day work pay, are not taken into account. For this reason, unpaid overtime pay is claimed as a receivable separate from severance pay.

4. Proving Unpaid Overtime in Turkey

The employee has the burden of proving their claim for unpaid overtime in Turkey. It is essential to sign the payrolls while reserving any claims for unpaid overtime. Even if the employee does not sign the payroll, they can prove their overtime claim in Turkey with witness statements and entry-exit records.

However, the witnesses must be individuals who worked during the same period and are familiar with the workdays and hours. The entry-exit records are strong evidence of an overtime claim before the Turkish courts. If the employer fails to comply with wage obligations, the employee has the right to use their just cause for termination and protect their rights.

Legal Rights of Employees with Unpaid Overtime in Turkey

An employee whose overtime pay is not paid in Turkey has the right to refuse to work, to terminate the employment contract for just cause, to send a written notice to the employer, to apply for mandatory mediation and then to the labor court, and to file a complaint with the relevant authorities. Each of these rights is subject to different conditions and consequences. Which route the employee follows depends on whether they wish to continue the employment relationship.

1. Right to Refuse Work

Article 34 of the Labor Code states that if the employee’s wages are not paid within twenty days from the due date, without any force majeure, the employee may refuse to perform their duties. Since overtime wage in Turkey is paid along with regular wages, the 20-day period in the law starts from the due date of the regular wages.

According to the overtime regulations of the Turkish Labor Code, employees who do not receive their overtime pay may refuse to work, and their contracts cannot be terminated for this reason. They cannot be replaced by another worker, and their work cannot be assigned to others.

2. Right to Terminate for Just Cause

As per Article 24/II-e of the Labor Code, “if the employer does not calculate or pay the employee’s wages in accordance with the law or contract terms”, the employee may terminate the employment contract for just cause. Therefore, unpaid overtime in Turkey constitutes just cause for termination, and the employee can terminate the contract and benefit from the legal consequences of this termination.

Whether the employer has paid part of the overtime or has not paid any, it does not prevent the employee from exercising this right. In the event of the employee’s death, the heirs succeed to the employee’s rights regarding overtime pay in accordance with Turkish inheritance law provisions and may claim these receivables from the employer.

3. Actions Employees Can Take for Unpaid Overtime in Turkey

If overtime pay in Turkey is not paid, the employee is entitled to terminate the employment contract for just cause. The employee must first attempt the mediation process before filing a lawsuit, otherwise the case will be dismissed on procedural grounds, and the employee must prove their claim for overtime work in Turkey. The routes available to the employee are as follows:

• Send a written notice to the employer: The employee can send a written notice to the employer requesting payment for unpaid overtime in Turkey. This notice will serve as a formal warning to the employer.
• Terminate the employment contract: Unpaid overtime wage in Turkey constitutes just cause for termination. However, the employee is advised to seek legal advice before exercising this right.
• File a lawsuit with the Labor Court: The employee can file a lawsuit in the labor court for unpaid overtime wages. Before filing the lawsuit, the employee must not forget to initiate mandatory mediation; otherwise, the case will be dismissed on procedural grounds even if the claim is justified.
• Report to relevant authorities: The employee can file a complaint with the relevant authorities, namely the Ministry of Labor and Social Security, to report the employer for unpaid overtime wages.

4. Key Court of Cassation Precedents on Overtime Pay in Turkey

In Turkish labor law, while the Labor Code serves as the primary legal framework, decisions made by Labor Courts and higher courts provide significant guidance for application. Here are some key precedent decisions related to overtime pay:

• Overtime is proven primarily through written documents such as workplace entry-exit records; where it cannot be proven by written documents, the outcome is reached on the basis of witness statements. (Court of Cassation, 22nd Civil Chamber, 2017/7690 E., 2017/10364 K., May 8, 2017)
• Annual leave periods must be excluded when calculating overtime hours. (Court of Cassation, 9th Civil Chamber, 2023/13700 E., 2023/19971 K., December 19, 2023)
• Break periods should be deducted from the total overtime hours. It is incorrect to omit all break periods from the calculation. (Court of Cassation, 22nd Civil Chamber, 2012/11806 E., 2013/1258 K., January 29, 2013)
• Witness statements prove overtime only for the period during which the witnesses worked together with the plaintiff; the testimony of a witness who left the job before the plaintiff can be relied on only for the period up to their departure. (Court of Cassation, 9th Civil Chamber, 2021/7920 E., 2021/12324 K., September 20, 2021)
• Witnesses who did not work at the workplace and who were the plaintiff’s spouse, father and a friend of the spouse cannot know the working hours at the workplace, so overtime cannot be proven by their statements. (Court of Cassation, 22nd Civil Chamber, 2013/14874 E., 2014/17902 K., June 18, 2014)

What Is an Overtime Claim Case in Turkey?

An overtime claim case in Turkey is a lawsuit filed in the labor court, after the mandatory mediation stage, by an employee whose overtime pay has not been paid, claiming past overtime together with other labor receivables and compensation where necessary. In the event of non-payment of overtime work in Turkey, the legal recourse includes filing an overtime claim lawsuit. This lawsuit may not only involve a claim for past overtime, but also the worker’s other entitlements and compensations.

During the litigation process, attention should be paid not only to the merits of the case but also to procedural rules and the confidentiality of personal data. First, it is crucial to determine whether the overtime claim concerns overtime during night shifts or claims for working extra hours. This is important because calculating overtime pay in Turkey requires technical knowledge, and determining the nature of the overtime is the first step.

1. Mandatory Mediation and the Lawsuit Process

Before filing a lawsuit for overtime work in Turkey, the mandatory mediation process must be followed. Mediation is an alternative dispute resolution method aimed at resolving conflicts between the parties. The worker can directly communicate their overtime claim for past overtime to the employer during mediation and negotiate; after this step, the lawsuit can be filed.

For the lawsuit to succeed, documents such as pay slips and records of employee check-ins and check-outs provided by the employer are crucial. If the worker is unaware of the details in these documents, they may opt for filing a claim for an unspecified debt. At the end of the lawsuit, the employee may initiate enforcement proceedings in Turkey for the overtime pay awarded by the court.

In this process, where procedural issues take precedence over substantive ones, even the smallest mistake in the legal process could have serious consequences. Therefore, cooperating with a lawyer specialized in Turkish labor law is essential to ensure the lawsuit proceeds smoothly.

2. Court Competence and Jurisdiction in Overtime Pay Lawsuits

Since overtime pay in Turkey is considered part of wage claims, labor courts are responsible for resolving disputes in this regard. In lawsuits concerning claims for overtime pay in Turkey, the competent court is either the court of the place where the defendant, whether a natural or legal person (the company), is domiciled at the time the lawsuit is filed, or the court where the work was performed. In other words, the lawsuit should be filed either in the court of the employer’s residence or the location of the workplace.

3. Important Considerations in Overtime Claim Lawsuits

Under the Labor Law, it is the worker’s responsibility to prove the overtime claim in Turkey. The worker must support their claims with consistent records, witness statements, and other evidence to prove they worked overtime without receiving overtime pay. Once these claims are substantiated, the employer is required to pay the worker for the past overtime claims.

1. Definition of Overtime Pay: Overtime pay in Turkey is the compensation paid to workers for additional hours worked beyond regular working hours. It is paid according to the rates specified in the individual employment contract or collective bargaining agreements between the employer and the worker.
2. Documentation Responsibility: The employer is required to prepare a document containing the working hours of employees who worked overtime and extra hours, and keep a signed copy in the employee’s personnel file. If overtime is not included in the pay slip, the Court of Cassation recommends calculating the pay based on witness testimonies.
3. Importance of Written Approval: Overtime work between the employer and the worker should not occur without written approval. The worker has the responsibility to prove whether overtime pay has been received or not.
4. Record-Keeping Practice: The worker should keep consistent records of their working hours and pay if they are claiming overtime pay in Turkey. These records can be compared with the employer’s records to look for inconsistencies.
5. Overtime Instruction: The worker should obtain a signed overtime instruction from the employer when working overtime. This instruction shows that the employer determined the working hours and called the worker for overtime.
6. Blank Spaces in Pay Slips: A blank space in the overtime section of the pay slip does not mean the worker did not work overtime. The worker can prove they worked overtime by using witness statements from colleagues.
7. Worker Testimony and Claims: The worker’s testimony plays a significant role in proving the overtime pay claim. The worker can find witnesses who support their claims, and their statements can help verify the accuracy of the claims.
8. Higher Management Position: In organizations, a worker in a senior management position may not be entitled to overtime pay due to their role in determining workdays and hours.
9. Proving Claims: The worker should support their claims with bank records and other relevant evidence. Once the worker proves their claims, the employer is obligated to pay the worker the overtime pay as requested.

4. What Is the Equity Reduction in Overtime Claims in Turkey?

The equity reduction (hakkaniyet indirimi) is a reduction applied to the calculated overtime receivable where overtime hours are determined by witness statements rather than written documents. In Turkish Court of Cassation practice, the reduction must be made at a reasonable rate that does not affect the essence of the right; for example, a fifty percent reduction has been held erroneous on the ground that it affects the essence of the right. No equity reduction is applied for periods in which overtime is conclusively proven by documents such as signed payrolls, time sheets or entry-exit records.

5. What Interest Applies to Overtime Receivables in Turkey?

Since overtime pay is a wage receivable, the highest interest rate applied to bank deposits applies to unpaid overtime receivables under Article 34 of the Turkish Labor Law. The starting date of interest depends on whether the employer has been put in default, how the lawsuit was filed and the claim made. For this reason, the type and starting date of interest should be expressly requested in the statement of claim and in any amendment of the claim.

An overtime lawsuit is a case that requires technical expertise and experience; therefore, seeking legal assistance from an English speaking lawyer in Turkey before initiating the legal process is essential. Gathering evidence before the lawsuit and correctly classifying each receivable directly affect the outcome of the case.

Annual Overtime Limit of 270 Hours in Turkey

The Labor Law sets an upper limit for overtime, which is a total of 270 hours per year; an employer can require an employee to work a maximum of 270 hours of overtime in a year in Turkey. Overtime work in Turkey, a common practice in the workplace, should be limited to protect employees’ physical and mental health.

1. Consequences of Exceeding the 270-Hour Limit

If the annual limit of 270 hours is exceeded, the employee has the right to claim overtime pay and to terminate the employment contract for just cause, according to the current legal provisions aimed at protecting workers. The Turkish Court of Cassation emphasizes that, under the Labor Law, employees cannot be required to work overtime beyond 270 hours in a year and stresses that the employer must fully pay the overtime compensation if this limit is not adhered to.

If the overtime limit is exceeded, the employer in Turkey may not face an administrative fine, but they are still obligated to pay the employee the wages due for the excess hours beyond the 270-hour limit. However, the employee may terminate the employment contract for just cause due to the failure to enforce working conditions and may claim worker compensation pay.

2. Contract Clauses Stating That Overtime Is Included in the Salary

A common situation in practice is the inclusion of a clause in employment contracts stating that overtime in Turkey for up to 270 hours is covered by the employee’s monthly salary. This provision is valid within the scope of freedom of contract; however, the Court of Cassation gives such clauses only limited effect. The clause covers overtime not exceeding 270 hours a year, and the agreed monthly base wage must be above the minimum wage; agreeing that overtime is paid within the base wage does not amount to waiving overtime pay.

According to Turkish judicial precedents, in cases where the employment contract stipulates that overtime is included in the monthly salary and payments are made accordingly, the payments usually cover overtime up to 270 hours per year. If overtime exceeds 270 hours, the employer must make additional payments if the employee can prove the excess hours worked.

Is It Possible to Claim Backdated Overtime in Turkey?

According to Article 32 of the Labor Law, the statute of limitations for overtime claims is 5 years, and employees can file a lawsuit in Turkey within this period to claim backdated overtime. A key point to note is that the employee’s continued work does not interrupt the statute of limitations.

In summary, the statute of limitations for overtime claims in Turkey starts when the pay becomes due. To be able to claim backdated overtime, the employee must file a lawsuit within this 5-year period. If no lawsuit is filed within this time frame, the employee cannot claim overtime pay and will lose their rights in this regard.

How Is Backdated Overtime Pay Calculated in Turkey?

Backdated overtime pay in Turkey is calculated separately for each period within the last five years not barred by limitation, based on the gross wage the employee received in that period. When calculating the claim for backdated overtime, the working hours defined by the employer must be taken into account. Disputes between the employee’s requests and the working hours set by the employer during this period may lead the employee to claim overtime for previous periods.

1. Identifying the Periods: Overtime receivables that fell due within the five-year limitation period counted back from the date of the lawsuit are identified; the limitation period is suspended from the application to the mediation office until the final minutes are drawn up (Article 3/17 of Labor Courts Law No. 7036).
2. Using the Wage of Each Period: Overtime for each period is calculated on the gross wage received in that period, not on the employee’s last wage.
3. Deducting Non-Working Periods: Periods not actually worked, such as annual leave, sick leave and breaks, are excluded from the calculation.
4. Equity Reduction: If overtime has been determined by witness statements, an equity reduction is applied in practice to the calculated amount.

Can an Employee Be Forced to Work Overtime in Turkey?

Apart from compelling reasons and extraordinary situations, an employee cannot be forced to work overtime in Turkey without their written consent. Under the Labor Law, employers have the right to require employees to work overtime, beyond the weekly 45-hour working limit; however, the employee must consent to this overtime work. Here’s what you need to know about whether an employee can be forced to work overtime:

1. Employee’s Consent and Forced Overtime: An employee cannot be forced to work overtime in Turkey if they do not consent. If an employee is made to work overtime against their will, they have the right to take the matter to the labor court. Subjecting an employee who refuses to consent to overtime to systematic pressure, exclusion or intimidation for that reason may amount to workplace mobbing.
2. Importance of Written Consent: The employer must obtain written consent from the employee before requiring them to work overtime. Employers cannot unilaterally force employees to work overtime without this approval. However, for overtime work in cases of emergency or extraordinary circumstances, such as breakdowns or urgent situations, this written consent is not required.
3. Timing of Consent and Documentation: Under Article 9 of the Overtime Regulation, an employer needing overtime obtains this consent when the employment contract is concluded or when the need arises and keeps it in the employee’s personal file; the employee may withdraw consent by giving thirty days’ written notice. Employers are also required to prepare a document showing the overtime hours worked and keep a signed copy in the employee’s personal file.
4. Administrative Penalty: As of 2026, if an employee is required to work overtime without their consent, an administrative fine of 4,815 TL per employee is imposed.
5. Situations Where Consent is Not Required: In cases of urgent need or extraordinary situations, consent is not required for overtime in Turkey. Examples include:
   • Emergency situations such as machinery breakdowns.
   • During mobilization, and not exceeding that period in workplaces serving national defense needs, the President may raise daily working time up to the worker’s maximum working capacity where overtime is deemed necessary (Article 43 of the Labor Law).

Employers must obtain the necessary consents and properly document overtime work in Turkey according to the Labor Law. Failure to do so can result in administrative penalties.

Is There a Penalty for Forcing Overtime in Turkey?

According to the Turkish Labor Law (No. 4857), there are administrative fines for forcing employees to work overtime in Turkey. Violations of overtime regulations may result in varying amounts of fines. The following situations lead to penalties for forcing overtime:

1. Failure to Pay Overtime Wages: If overtime wages are not paid.
2. Failure to Provide Compensatory Time Off: If employees do not receive the time off they are entitled to within six months.
3. Failure to Obtain Employee’s Consent for Overtime: If the employee’s consent is not obtained before requiring them to work overtime.
4. Exceeding Working Limits: If the limits are exceeded in jobs where work must be less than 7.5 hours a day.
5. Exceeding Night Work Limits: If night shifts exceed 7.5 hours.
6. Overtime for Minors: If employees under the age of 18 are required to work overtime.
7. Overtime for Pregnant, Postpartum, or Breastfeeding Women: If these employees are required to work overtime at night or for more than 7.5 hours a day.
8. Overtime in Hazardous Work Environments: If overtime is imposed in underground or underwater jobs.
9. Exceeding Daily Work Hours: If daily work hours exceed 11 hours.

If any of these situations occur, the employer may face administrative penalties under the Turkish Labor Law and the Misdemeanor Law. An administrative fine does not remove the employee’s right to claim overtime pay.

Overtime Claims of Foreign Employees in Turkey

Foreign employees working in companies operating in Turkey or branches located in Turkey of foreign companies are subject to the same labor law regulations as local employees. These employees, evaluated under Labor Law No. 4857, are not subject to a separate legal framework specific to foreign workers under foreigners law but instead have all the rights and obligations arising from Turkey’s labor laws.

According to the provisions of the Labor Law, foreign employees, like local employees, have the right to claim their labor entitlements. In this context, overtime hours and calculations are carried out based on the same principles, and the conditions for entitlement to overtime pay are identical for both local and foreign workers. If the employer fails to pay overtime wages, foreign employees also have the right to file a lawsuit before local Turkish judicial authorities to claim their labor entitlements.

Additionally, employees working in liaison offices of foreign-capital companies operating in Turkey are also subject to the provisions of the Labor Law and can assert their rights arising from their employment relationship with their employer within this framework. On the other hand, the status of employees who physically work in Turkey but receive their salaries from a company abroad is evaluated based on whether their service is connected to Turkey. If the service is provided in Turkey and has a direct connection with the country, these employees will also be considered under Labor Law No. 4857 and subject to the relevant legal provisions.

In conclusion, foreign nationals working in Turkey have labor rights equivalent to those of local employees, and their rights are protected under employment contracts and the Labor Law. For this reason, the overtime claims of foreign employees are subject to the same limitation, proof and mediation rules.