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Overtime Work and Working with Extra Periods
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According to the Labor Code numbered 4857 (hereinafter referred
to as the “Code”), the weekly working period must not exceed 45 hours.
Unless otherwise agreed, this period may be allocated into equal portions
per day within a week. The purpose of limited working hours is to protect
the health of the employees. However, besides this purpose, the Code has
provided flexibility in this principle taking into account economic, social,
and technologic developments.
Nevertheless, the Code determined that normal weekly working hours
may be allocated in the workplaces differently by mutual understanding
of the parties, but in no case exceeding 11 hours per day. In this case, the
employees may work less than the normal working hours to balance the
periods of overtime, and, thus, the total working hours are balanced in a
way so that they do not exceed the normal working hours. The balancing of
total working hours must be completed within two months, but this period
may be increased to four months by collective bargaining agreement.
The Code permits overtime work for the general interest of the country
and to increase the quality of work and production. Overtime work is work
exceeding 45 hours of work per week within the frame of the conditions set
forth in the Code. However, in cases where the principles of balancing are
applied, if the employees’ weekly average working hours exceed 45 hours
during some weeks, such working times will not be counted as overtime
provided that they do not exceed normal weekly working hours overall.
According to Code article 41, the wage payable for each hour of
overtime is calculated by increasing the normal hourly wage by 50%.
In cases where the weekly hours are determined as below 45 hours
through an agreement, then the work times exceeding the average weekly
working hours applied within the above mentioned principles up to 45
hours are working with extra periods. In working with extra periods, the
wage payable for each hour of extra period will be paid by increasing the
amount of the normal hourly wage by 25%.
If an employee who is working overtime or with extra periods agrees,
he or she may use one hour and thirty minutes for each hour of overtime
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Article of October 2010