One of the receivables most frequently claimed in employment cases, and one of those most often miscalculated, is overtime pay. Under the Labour Law (İş Kanunu), weekly working time is at most 45 hours; every hour beyond this is overtime work and is paid with a premium. Overtime that does not appear on the payslip often turns, when the employee leaves, into a receivable larger even than severance pay (kıdem tazminatı). In this article we explain how overtime pay is calculated, work on the weekly rest day and public holidays, the ways of proof and the time limits.
What does overtime work mean? #
- Overtime work (fazla çalışma): Work exceeding 45 hours a week. Each extra hour is paid with a 50% premium.
- Work in excess of contractual hours (fazla sürelerle çalışma): If the contract sets weekly hours below 45 (for example 40 hours), work up to 45 hours falls into this category and is paid with a 25% premium.
- Annual limit: Overtime work may not exceed 270 hours a year; exceeding this limit exposes the employer to administrative sanctions but does not remove the employee’s right to be paid.
- Time off in lieu: If the employee wishes, instead of premium pay they may take 1 hour 30 minutes of free time for each overtime hour; this time off must be granted within 6 months.
Weekly hours need not be divided equally across the days; however, daily work may not exceed 11 hours. Night work, as a rule, may not exceed 7.5 hours.
How is the hourly wage found? #
In court practice, the hourly wage of an employee paid monthly is found by dividing the gross monthly wage by 225 hours (30 days × 7.5 hours). The calculation is based on the basic gross wage; fringe payments such as travel and meal allowances are not included in the overtime calculation.
Overtime hourly rate = (Gross monthly wage ÷ 225) × 1.5
Worked example #
Consider an employee with a gross monthly wage of 45,000 TL who works 6 days a week from 08:00 to 19:00 and takes a 1-hour break each day:
- Daily work: 11 hours – 1 hour break = 10 hours
- Weekly work: 10 × 6 = 60 hours
- Weekly overtime: 60 – 45 = 15 hours
- Hourly wage: 45,000 ÷ 225 = 200 TL
- Premium hourly rate: 200 × 1.5 = 300 TL
- Weekly overtime receivable: 15 × 300 = 4,500 TL
- Approximate monthly amount: 4,500 × 4.33 = 19,485 TL (gross)
During the case, the court expert (bilirkişi) separately takes into account, for each year of the period worked, that year’s wage, periods of leave and sick leave, and overtime already paid. In calculations based on witness statements, the court may apply a certain percentage as an equity deduction (hakkaniyet indirimi). For a preliminary calculation with your own figures, you can use our employee receivables calculator.
Work on the weekly rest day and public holidays #
| Work | Pay |
|---|---|
| Overtime work (beyond 45 hours) | Hourly wage plus 50% |
| Work in excess of contractual hours (between the contractual hours and 45 hours) | Hourly wage plus 25% |
| Work on the weekly rest day | In court practice, that day’s wage with a 50% premium, paid additionally |
| Work on national and public holidays (UBGT) | An additional day’s wage for each day worked |
A person who works 6 days a week is deemed to have used their weekly rest day; weekly rest day pay comes into play in weeks worked for 7 consecutive days. Work on national and public holidays requires the employee’s consent unless the employment contract or the collective agreement provides otherwise.
How is overtime proved? #
The burden of proving overtime work is, as a rule, on the employee; however, keeping records showing working hours is the employer’s obligation. The main evidence that can be used:
- Card entry, turnstile and fingerprint records (personnel attendance control system, PDKS), timesheets
- Statements of witnesses who worked at the same workplace in the same period
- Sending times of e-mails and messages, system log-in records
- Shuttle service times, vehicle tracking and location records
- Notices and correspondence showing the workplace’s working hours
Signed payslip: Payslips bearing the employee’s signature and showing an overtime payment as a rule show that payment was made for those months; if no overtime appears on the payslip, or the payslip is unsigned, proof is possible through witnesses and other evidence. If the employee signed the payslip with a reservation (ihtirazi kayıt), they can prove that they worked more.
Limitation period and legal action #
For claims for overtime, weekly rest day and public holiday pay, the limitation period is 5 years and, for each month’s receivable, runs from the date on which that month’s wage was due. In other words, a person filing a case today can claim overtime for the last 5 years. Before filing a case, applying to a mediator is mandatory. If no agreement is reached in mediation, the case is filed at the labour court (iş mahkemesi); since the amount depends on the expert’s calculation, a partial action (kısmi dava) is usually filed for part of the receivable; the claim can be increased once only after the report, until the end of the evidence-taking stage, and the limitation period is deemed interrupted on the filing date for the increased portion as well (HMK 109/4). The action for an unquantified claim (belirsiz alacak davası) formerly used in these files was abolished on 31 July 2026; it applies only to cases filed before that date.
An employee whose overtime is not paid may, for that reason, also terminate the contract for just cause and claim severance pay (our guide to resignation with severance pay). For all employee receivables, see our Istanbul employment lawyer page.
The annual 270-hour limit and the employee’s consent #
Overtime is not unlimited. The Labour Law provides that overtime may not exceed a total of 270 hours a year. This limit is calculated annually; it is not a weekly or monthly ceiling.
Exceeding the limit does not cancel the pay #
A common misconception in practice is that pay for work beyond 270 hours cannot be claimed. Exceeding the limit is a matter of administrative sanction for the employer; the premium pay for work actually done is payable in any event. The opposite reading would reward the employer who breaks the rule.
Consent and cases where overtime cannot be worked #
Overtime requires the employee’s consent, which is renewed at the start of each year. For some employees overtime cannot be worked at all:
- Those working in jobs where, for health reasons, no more than seven and a half hours a day may be worked.
- Those working in jobs carried out during the night period.
- Those working underground or under water, such as in mines, sewers and tunnels.
- Employees under eighteen; pregnant employees, those who have recently given birth and those who are breastfeeding; part-time employees.
The option of free time (leave) #
An employee who works overtime may choose free time instead of pay. That choice belongs to the employee, not the employer, and is calculated as follows: 1 hour 30 minutes of free time for each hour of overtime, and 1 hour 15 minutes for each hour of work beyond the contractual hours.
The free time is granted on the employee’s request within six months, on working days and without interruption; it cannot be set off against annual paid leave or holiday periods. It is the accepted solution in practice that free time not granted within the period turns into pay. For a defence of “we gave it as leave” to be accepted, it must therefore be shown by records how and when the free time was granted.
Overtime treated as included in the wage: the 270-hour rule #
Some employment contracts contain a clause that “the wage includes up to 270 hours of overtime a year”. Such a clause is regarded as valid, but it has two important limits:
- It covers only 270 hours. Pay for work exceeding 270 hours in the year is payable separately and at the premium rate.
- It does not apply to an employee on the minimum wage. Where the wage is at minimum wage level the clause is disregarded; otherwise the employee’s wage would in effect fall below the minimum wage.
Working hours must also be recorded in periods where such a clause exists; if there is no record, whether 270 hours were exceeded during the year is determined from witness statements.
Signing the payslip and the equity reduction #
Two technical matters determine the outcome of overtime cases.
A payslip signed without reservation #
If an overtime accrual appears on the payslip and the employee has signed it without a reservation, the overtime claim for that month is as a rule treated as paid. The employee can then only prove having worked more by written document; witness statements are not regarded as sufficient. By contrast, where there is no accrual on the payslip or it has not been signed, overtime may be proved by any kind of evidence.
Reduction based on presumption where proof is by witnesses #
Where overtime has been established by witness statements alone, it is settled practice to apply an equity (discretionary) reduction to the amount calculated. The reason is that an employee working the same hours every week throughout the year, despite leave, sick reports and public holidays, does not fit the ordinary course of life. No such reduction is applied to periods proved by records (timesheets, entry-exit data); this shows the value of documentary evidence.
