According to the Labor Law, the normal working time per week is set as 45 hours.
Overwork is called work that exceeds 45 hours in accordance with the conditions written in the labor law, and overwork is called work that exceeds these periods and up to 45 hours in cases where the weekly working time is determined below 45 hours.
Accordingly, in the case of a service contract with a weekly working time set at 40 hours by contract, the wage per hour is increased by 25% every hour until the weekly 45-hour limit is reached. Every hour of overtime is counted after the weekly 45-hour limit is reached. Pay payable for each hour of overtime is paid by increasing the amount per hour of the normal working wage by 50%, in accordance with the overwork and overwork regulation of the Labor Law. There is no difference in the calculation between the fact that these shifts are made after the end of the weekday and the arrival of the Dec Dec.
According to this, the working hours are determined between 09.00-17.00 every weekday by the contract. Dec. During the weekend week, the wage will be reduced by up to 5 hours per shift by 25%, and for shifts after 45 hours, the wage per hour will be increased by 50%.
46 Of the Labor Code 63. in accordance with the article, before the holiday, employees are given at least 24 hours of uninterrupted rest for a period of 7 days, provided that they have worked on the working days specified in the article.
This is called a week break. The law does not specify which day of the week the holiday will be. Therefore, it does not have to be on Sunday, the desired day can be determined. If working 45 hours a week, if working the week before the holiday, if working over the normal working hours for each hour of overtime, the wage is paid by increasing by 50% over the holiday wage again.
In cases where the weekly working hours are set below 45 hours, you will be charged 25% more than usual for each overtime hour, as work up to 45 hours will be considered overtime. Because in this case, it does not matter if the shift is done on a weekday or on a weekend. For example, a person came to work on the weekend and worked for 8 hours, which is the daily working time. The total working hours on weekdays are equivalent to 40 hours. Accordingly, the first 5 hours of Saturday will be worked with 25% more than the normal hourly rate, and the remaining 3 hours will receive overtime pay with 50% more than the normal hourly rate because they exceed 45 hours.
Calculation of overtime pay
To explain the calculation of overtime pay with an 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 Saturdays, the employee;
since it will be mentioned that working more than 5 hours will be extended to 45 hours, the hourly working fee will be 25 TL with a 25% increase and 125 TL will be earned,
In the next 3 hours, it will be calculated that the employee will earn a total of 215 TL for that day, and in total, 90 TL, as 30 TL overtime wage will be paid with a 50% increase per hour.
EMPLOYEE’S SALARY ON HOLIDAYS
National holidays, New Year’s Eve, official and religious holidays, general holidays are on the agenda. According to the Labor Law, employees are paid full wages for that day during these holidays without being given a job in return. If the employee works without taking a day off that day, a daily wage is also paid for each day he works. In other words, an employee working on a national holiday is entitled to receive 2 times his daily wage. In addition, if the 45-hour weekly working period is completed, he receives a daily working wage along with a holiday bonus, a 50% overtime wage per hour along with overtime pay. If he does not work, he will receive his 1-day wage again. For example, a worker who has completed a 45-hour work period and works on May 19;
1-) The fee he would normally receive for a day’s work (let it be 160 TL)
2-)Due to working on the holiday, there is also a daily fee (+160 TL)
3-) Within 45 hours after completing 50% of the normal hourly rate (50% of the 20 TL in the example will be 30 TL per hour.) will receive.
If a national holiday or a public holiday coincides with a week holiday and the employee is not working today, the employee is paid a one-day wage. The general holiday fee and the week holiday fee are not paid together. However, if the employee works on this day, he should be paid overtime pay, as well as a day’s wage.
OVERTIME PAY STATUS
As stated in the Labor Law, the total amount of overtime in a year cannot exceed 270 hours. The claim that it is too much can be proved by a document.
Overtime 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, a lawsuit is being filed for the collection of employee receivables from the period when employees leave work. overtime wages exceeding 5 years are not paid due to the objection of the other party during the litigation process due to the 5-year statute of limitations for the remaining time.
If the employer does not have a signed payroll and documents related to overtime, workplace entrance and exit records, if any, and building entrance and exit records should be used as evidence in the overtime wage lawsuit to be filed. Because although it was proved by the witness that he will receive overtime pay, the Supreme Court allowed in case law to make an equitable deduction from the overtime pay determined by the local court and to criticize the overtime pay calculated by the expert witness based only on the witness statement without written documents.
For this reason, when filing an overtime wage lawsuit, it should first be investigated whether there is a written document to prove that overtime has been done. Camera recordings, such as the breakdown of card entries. If he is not present, if possible, witnesses who have worked overtime during the same period should be listened to.
An overtime wage lawsuit can be filed alone, or it can also be filed together for all employee receivables (such as severance pay, notice compensation, remaining salary).