Understanding Working Hours and Overtime in Turkey

Intro

Understanding Working Hours and Overtime in Turkey: Regulations and FAQs

Turkey’s labour laws, particularly Labour Law No. 4857, provide a clear framework for working hours, overtime, and employee rights. This article explains the key regulations and answers frequently asked questions to help employers and employees navigate these rules effectively.

Key Regulations on Working Hours and Overtime

1. Standard Working Hours

Daily: Maximum 11 hours.

Weekly: Maximum 45 hours.

The daily working hours can be distributed flexibly across the week, but the weekly limit must not be exceeded. Many companies, particularly in office settings, adopt a 40-hour workweek to align with international standards.

Break times are excluded when calculating total working hours.

2. Meal Breaks

Article 68 outlines:

If daily working hours exceed 7.5 hours, employees must be given a minimum 30-minute break (up to 1 hour).

Break times are not counted as part of working hours.

3. Weekly Rest Days

Employees are entitled to 1 full day of rest per week, typically on Sunday. However, employers can designate a different rest day based on operational needs.

If an employee works on their rest day, they must be paid double their daily wage.

4. Public Holidays

Turkey recognises 14 statutory paid public holidays per year, including:

- 7 national holidays (e.g., 23 April, 29 October).

- 7 religious holidays (3 days for Ramadan, 4 days for Eid al-Adha).

Compensation for working on public holidays:

If an employee does not work: They are entitled to their full daily wage.

If an employee works: They must be paid 2.times their daily wage.

5. Overtime Regulations

Article 41 defines the rules for overtime:

Definition: Work exceeding 45 hours/week.

Daily limit: Maximum 3 hours of overtime per day.

Annual limit: Maximum 270 hours of overtime per year.

Compensation: Overtime must be paid at 150% of the regular hourly wage.

Overtime can only be requested under exceptional circumstances, and employees must provide written consent in advance.

6. Night Work

Article 69 specifies:

Definition: Work performed between 20:00–06:00.

Limits: Night work cannot exceed 7.5 hours, although exceptions apply in sectors like tourism, healthcare, and private security.

Compensation: Night work must be paid at 150% of the regular hourly wage.

7. Working Shift Change

Mutual Agreement:

Changes should ideally be made with both the employer and employee agreeing.

Written Notice:

Employers must give written notice if they change the working shift.
The notice should clearly state the new shift and when it will start.

Reasonableness and Justification:

Changes must be reasonable and justified by operational needs.
Arbitrary or unjustified changes can be contested by the employee.

Employee's Right to Object:

If the employee disagrees, they can object within six working days of receiving the notice.
The employer must then decide whether to withdraw the change or terminate the contract.

Frequently Asked Questions (FAQs)

1. Can my employer require me to work overtime?

Overtime can only be requested under exceptional circumstances, and you must provide written consent. Employers cannot force employees to work overtime without this agreement.

2. How is overtime pay calculated?

Overtime is paid at 150% of your regular hourly wage. For example, if your hourly wage is £10, you will receive £15 for each overtime hour.

3. What happens if I work on my weekly rest day?

If you work on your designated rest day, you are entitled to double your daily wage.

4. Are there any special rules for night work?

Yes, night work (20:00–06:00) cannot exceed 7.5 hours per day and must be compensated at 150% of the regular hourly wage.

5. Can my employer change my weekly rest day?

Yes, your employer can designate a different rest day based on operational needs, as long as you are provided with 1 full day of rest per week.

6. What if I work on a public holiday?

If you work on a public holiday, you are entitled to 2 times your daily wage.

Conclusion

Understanding Turkey’s labour laws on working hours and overtime is essential for both employers and employees to ensure compliance and fair treatment. By familiarising yourself with these regulations, you can protect your rights and foster a positive work environment.

For precise calculations or disputes, consult Turkey’s Ministry of Labour and Social Security or a local labour attorney.

Sources:

Labour Law No. 4857 (Resmi Gazete: 10.06.2003/25134).
Act No. 2739 on National Holidays (Resmi Gazete: 20.04.1983/18032).

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified professional for legal guidance.

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