Overtime Pay in Turkey: How It's Calculated and How to Claim It

Do you keep working after your shift ends or get called in on weekends, yet see nothing extra on your payslip? In Turkey, overtime is regulated in detail by Labour Law No. 4857, and an employee's right to premium pay or compensatory time off is legally protected. In tourism-heavy regions such as Antalya, where shifts stretch out through the season, unpaid overtime is a common source of lost income for both Turkish and foreign workers.

The 45-Hour Weekly Limit and What Counts as Overtime

Under Article 63 of the Labour Law, the general working time is a maximum of forty-five hours per week. Unless otherwise agreed, this time is divided equally across the working days of the week. Article 41 then defines overtime plainly: work exceeding forty-five hours per week is overtime.

One exception deserves attention: the parties may apply an "averaging" arrangement, provided daily work does not exceed eleven hours. Under averaging, if the employee's average weekly working time does not exceed the normal weekly limit, hours worked beyond 45 in a given week are not counted as overtime. The averaging period is generally two months, extendable to four by collective agreement and up to six in the tourism sector.

Overtime vs. "Work at Extra Hours"

Turkish law recognises two distinct categories, each with a different rate:

• Overtime (fazla çalışma): Work exceeding 45 hours per week. Each hour is paid at the normal hourly rate raised by fifty percent (50%). If your normal hourly wage is 100 TL, each overtime hour is paid at 150 TL.
• Work at extra hours (fazla sürelerle çalışma): Where the contract sets the weekly working time below 45 hours (for example 40), hours worked beyond the average but up to 45 fall into this category. Each such hour is paid at the normal hourly rate raised by twenty-five percent (25%).

This distinction matters in practice: the weekly hours stated in your contract determine which premium rate applies to you.

The 270-Hour Annual Cap and the Time-Off Option

The law limits overtime in terms of both volume and consent. First, the employee's consent is required to work overtime. Second, Article 41 sets a clear ceiling: total overtime may not exceed two hundred and seventy (270) hours in a year.

An employee may choose compensatory time off instead of premium pay. For each hour of overtime the employee is entitled to one hour and thirty minutes of free time, and for each hour of work at extra hours, one hour and fifteen minutes. This time off must be used within six months, during working hours and with no deduction from wages. The choice belongs to the employee; the employer cannot unilaterally impose time off in place of payment.

Burden of Proof: Why Written Records Beat Witnesses

The hardest issue in overtime disputes is proving that the work actually happened. Under settled judicial practice, the burden of proving overtime falls on the employee. However, where payslips signed by the employee already show overtime accruals, the employee can rebut them only with written evidence of equal weight.

For this reason, workplace entry-exit records, timesheets, digital access and turnstile logs, and email and messaging records are treated as far stronger evidence than witness testimony. Where overtime is proven by witnesses alone, courts often apply a reasonable reduction to the awarded amount. Documenting your own hours can therefore be decisive in any future claim.

Mandatory Pre-Litigation Mediation and Foreign Employees

You cannot file a lawsuit for overtime directly. Under Article 3 of the Labour Courts Law No. 7036, applying to a mediator is a precondition to filing suit for employee wage and compensation claims. If mediation fails, the final minutes must be attached to the statement of claim; a suit filed without them is dismissed on procedural grounds. Applying to the mediation office also suspends the limitation period.

A note for foreign employees: workers holding a work permit in Turkey have the same overtime rights as Turkish employees. Check your payslip regularly, track your weekly hours in your own records, and confirm the working time stated in your contract. A language barrier should never turn into a loss of rights.

Frequently Asked Questions

Can overtime pay be included in the salary? In practice, contracts may build up to 270 hours of annual overtime into the wage. But work beyond that limit must be paid separately at the premium rate; any clause to the contrary is void as against the employee.

Can my employer punish me for refusing overtime? No. Overtime depends on the employee's consent. Refusing to consent is not, on its own, grounds for justified dismissal or disciplinary action.

What is the limitation period for an overtime claim? Overtime claims, being wage in nature, are subject to a five-year limitation period. A mediation application suspends this period.

Can I claim overtime after leaving the job? Yes. Even after the employment contract ends, you may apply through mediation within the limitation period and claim unpaid overtime.

How Mona Hukuk Can Help

Without accurate calculation and strong evidence, overtime claims often end in lost rights. At Mona Hukuk we support both Turkish and foreign employees with payslip review, claim calculation, the mediation process and, where necessary, litigation.

For consultation in Antalya, write to contact@monahukuk.com or call +90 (242) 606 14 32.