Overtime is the work done for the benefit of the employer over the legal working time of the worker or the working time determined by the employment contract. Article 63 of the Labor Law No. 4857 regulates that the legal weekly working time is 45 hours.
According to the Labor Regulation on Overwork;
In this Regulation:
a) Overtime: Works exceeding 45 hours a week within the framework of the terms in the Labor Law,
b) Working with extra periods: In cases where it is determined that the weekly working period will be below 45 hours in the employment contract, it means the works exceeding this working period determined by the contract and up to 45 hours.
What happens if the worker does not approve for overwork?
According to the provisions of paragraph 41 of article 41 of the Labor Law, the approval of the worker is required for overtime work. According to the Overtime Regulation, it is an imperative to obtain the approval of the worker in writing at the beginning of each year and to keep it in the employee file. In this context, if the worker does not give approval, if he is subjected to overwork by the employer, this will be the reason for termination of the worker for a just cause.
However, with the amendment made on 25.8.2017 in this arrangement, it will be accepted that the worker consents for overtime work, when the contract is made at the time of employment or if he gives approval when the need arises. Previously, the Supreme Court was looking for the condition that the overtime consent was taken every year. In case the worker does not want to work overtime, he / she has been given the opportunity to get the approval he gave for overtime 30 days before by giving written notice to the employer. So employers no longer have to get approval for overtime work at the beginning of each year.
What Is The Provision For Overwork?
The work of overtime can be given to the worker in two ways:
1- Workers can be paid in excess of wage by increasing their work allowance in accordance with the rates specified in the law or contract.
2- The worker can be given free time under the conditions stipulated in the law.
How to Prove Overwork?
Workplace records on proof of overwork, especially documents showing entry and exit from the workplace, workplace internal correspondence are evidence. However, if overwork cannot be proven by such written documents, it is necessary to conclude with the witness statements made by the parties.
The Importance of Witnesses in Proving Overwork
The workers often witness / witness the only evidence to prove overtime. In such cases, it is important that the persons who are wanted to be heard as witnesses in the Court have the duration of working with the worker who opened the case and whether they have worked with the worker in the same periods.