"Article 63 - In general terms, the working time is a maximum of forty-five hours per week. Unless otherwise agreed, this time is applied by dividing the working days equally into the working days of the week in the workplaces. The working time of th
"Justice without power is powerless, power without justice is cruel.”
What is Overtime (Overtime)?
For the concept of overwork, it is necessary to look at the weekly working hours in the Labor Law first.
The 63rd of the Labor Law No. 4857; In the article, the weekly working hours are arranged as follows:
"Article 63 - In general terms, the working time is at most forty-five hours per week. Unless otherwise agreed, this period is applied by dividing it equally by the usual days of the week in workplaces. Working time of employees working in underground mining works; It is seven and a half hours a day at most, and thirty-seven and a half hours a week at most.
With the agreement of the parties, the normal weekly working time may be distributed differently, on the condition that it does not exceed eleven hours a day, on the usual days of the week in workplaces. In this case, the average weekly working time of the business within a two-month period cannot exceed the normal weekly working period.
The equalization time can be increased up to four months with batch agreements. In the tourism sector, the average weekly working time of the business during a four-month period cannot exceed the normal weekly working period; The settling period can be increased up to six months by collective bargaining agreements."
The concept of overtime work (overtime) is "work exceeding forty-five hours per week," in accordance with Article 41 of the Labor Law. /p>
Article 41 of the Labor Law is as follows:
"Article 41 - Overwork may be done for reasons such as the general benefits of the country or the nature of the work or increased production. Overtime work is work exceeding forty-five hours per week, within the framework of the conditions written in the Law. 63rd place In cases where the principle of equalization is applied according to the provision of the article, even if the weekly average working time of the work exceeds forty-five hours in total in some weeks, provided that it does not exceed the normal weekly work time, these work too much work is not counted.
The charge for each hour of overtime is increased by fifty percent of the per hour amount of the regular work wage. called.
In cases where the weekly working time is contractually determined to be less than forty-five hours, and exceeding the average weekly working time applied within the above-mentioned principles, and up to forty-five hours The studies carried out are studies over a long period of time. In overtime work, the pay for each hour of overtime is calculated by raising the amount per hour of the normal work wage by twenty-five percent. p>
If the job that overworks or overworks wants, instead of a raised wage for these works, one hour for each hour of overwork He can use thirty minutes as free time, one hour and fifteen minutes for every hour he works for too long.
The job uses the free time it deserves within six months, without interruption in working hours and pay.
63'th; No more work can be done in short-term or limited-term jobs based on health reasons written in the last paragraph of the article, and in night work specified in article 69.
Working with extra hours requires approval from the job.
The sum of excess working time is two hundred in one year It cannot exceed seventy hours.
The regulation to be enacted will show how overwork and overtime will be applied."
Overwork is the maximum number of hours spent in a year. could it be the hour?
As per Article 41 of the Labor Law; "The sum of overtime working hours cannot exceed two hundred and seventy hours in a year."
According to Article 41 of the Labor Law, the written consent of the employee must be obtained.
How to calculate the Overtime Pay?
According to Article 41/2 of the Labor Law; "The pay for each hour of overtime work is said by raising the amount per hour of normal work wage by fifty percent."
How to calculate the exercises done during the weekend?
According to Article 46 of the Labor Law; "For the 63rd working day before the holiday; Provided that they have worked on the working days determined according to the article, at least twenty-four hours of uninterrupted rest (week vacation) is given within a seven-day period."
""unusual weekday" For that day's wage is called exactly by the employer without a job remuneration.
In case of working during the weekend and exceeding 45 hours of work per week, the work done as per Article 41 of the Labor Law is overtime. will be considered as habituation.
Therefore, a 50% increase in the hourly wage of the employee will be tried.
"Regulations for Overwork and Overtime on Labor Law" According to the 5th article; "Times less than half an hour are counted as half an hour, and times exceeding half an hour are counted as one hour in the calculation of overwork or overwork times."
How to calculate overtime pay for national holidays and public holidays (holidays, etc.)?
The provisions regarding the wage to be paid for working on public holidays are regulated as follows in Article 47 of the Labor Law :
"Article 47 - National holidays and general holidays for employees working in workplaces within the scope of this Law; If they do not work on the days considered as working days, if they work without taking a vacation, they will also get a day's wages for every day worked. The fee is called ö.
In workplaces where the percentage procedure is applied, the national holiday and general holiday wages of the workers are referred to the employer by the employer.