How to Claim Overtime Pay in Turkey: A Comprehensive Guide

Calculating overtime

Under Article 41 of Labour Law No. 4857, overtime exceeding 45 hours a week is generally paid at 150% of the normal hourly rate. Where contracted weekly hours are below 45, additional hours up to 45 attract a 25% premium. Averaging arrangements and special working-time limits require separate assessment.

Calculation example

For a monthly paid employee working a 45-hour week, the gross monthly wage is generally divided by 225 to obtain the hourly rate. Using a hypothetical gross monthly wage of TRY 45,000, the normal hourly rate is TRY 200 and the overtime rate is TRY 300. This illustrates the method; it is not a statement of the current minimum wage or a universal entitlement.

Evidence and procedure

Payrolls, bank records, entry and exit logs, correspondence and witness evidence should be assessed together. Signed payrolls and reservations may affect proof. Lack of consent or exceeding an annual limit does not itself extinguish payment for work actually performed. Mandatory mediation precedes an employment wage claim; unresolved claims may be brought before the labour court.

Limitation

The general limitation period for overtime pay is five years, assessed from the due date of each payment. It does not invariably begin when employment ends. Interruption and suspension require separate assessment.

Legal basis

4857, Articles 32, 41; 7036, Article 3

Legal information: This article provides general information on Turkish law. The documents, dates and applicable rules of each case require individual assessment.