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Turkey

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Turkey

Standard working hours

Turkish labor law outlines the regulations for standard working hours. The maximum legal working week in Turkey is 45 hours. This limit should be spread equally across the workweek, typically resulting in 7.5 hours per day, assuming a six-day workweek. However, employers and employees can agree on a different distribution within the legal limits, but this agreement cannot exceed 11 hours per day.

In exceptional circumstances, employers and employees can arrange for a working schedule where hours fluctuate throughout the week. The average working hours must still not exceed 45 hours per week over a two-month period. This timeframe can be extended to four months through collective bargaining agreements.

Overtime

In Turkey, the labor law outlines specific regulations for overtime work to ensure the rights of employees and fair compensation. Overtime is defined as any work that exceeds the standard 45-hour weekly limit. Additionally, even within the 45-hour limit, daily work exceeding 11 hours is considered overtime under certain conditions.

Employers generally require an employee's consent before assigning overtime work. However, employee consent is not mandatory in situations deemed to be in the national interest or due to the nature of the work. Overtime might also be necessary to increase output to meet deadlines.

Employees are entitled to compensation for overtime work. They can choose one of the following options:

  • Increased Wage: Overtime pay is calculated at 1.5 times the regular hourly wage.
  • Time Off in Lieu: Employees can opt for 1.5 hours of free time for every hour of overtime worked. This must be granted within six months of the overtime being completed.

There are some important considerations to note. There's a yearly limit on overtime hours. The total overtime an employee can work in a year cannot exceed 270 hours. Certain categories of employees are prohibited from working overtime, including employees under 18 years old, pregnant or recently delivered mothers, and employees with fixed-term contracts (unless agreed upon in the contract).

Overtime work on weekends and public holidays attracts additional compensation. On top of the regular overtime pay, employees are entitled to a full day's wages for the public holiday or weekend worked.

Rest periods and breaks

Turkish labor law mandates rest periods and breaks for employees to ensure well-being and prevent fatigue. Here's a breakdown of these entitlements:

Turkish law guarantees a minimum rest period during the workday, depending on the total working hours:

  • 15 minutes: For working periods of four hours or less.
  • 30 minutes: For working periods exceeding four hours but not exceeding seven and a half hours.
  • One hour: For working periods exceeding seven and a half hours.

Key Points:

  • These rest periods are not included in the employee's working hours and are therefore unpaid.
  • Employers have the discretion to determine when these breaks occur, but they must ensure they are continuous and uninterrupted.
  • In some cases, with employee agreement, the rest period can be split into shorter breaks throughout the workday, considering factors like climate, season, and work nature.

In addition to daily rest periods, employees are entitled to a weekly rest period of at least 24 uninterrupted hours within a seven-day period.

  • This rest period is typically on weekends (Friday evening to Sunday evening) but can be arranged on different days with employee consent.
  • Working during the weekly rest period requires employee consent and additional compensation. This compensation includes a full day's wages on top of the overtime pay for the hours worked.

These are the minimum legal requirements. Collective bargaining agreements or individual employment contracts may offer more favorable rest period or break arrangements for workers.

Night shift and weekend regulations

Turkish labor law acknowledges the unique challenges associated with night and weekend work. Here's a summary of the specific regulations surrounding these work arrangements:

Night Shift Work (Article 69, Turkish Labor Law No. 4857)

  • Night Shift Definition: Night work is generally understood as work performed between 8 pm and 6 am.
  • Maximum Night Shift Duration: The maximum working time for night shifts is generally capped at seven and a half hours per day.
  • Exceptions for Certain Sectors: Businesses in tourism, private security, and healthcare can extend night shifts beyond 7.5 hours, but only with the employee's written consent.
  • Medical Considerations: Before assigning employees to night shifts, employers must ensure their health is suitable through a medical report.
  • Regular Health Checks: Employers must provide periodic medical screenings at least every two years for night shift workers to monitor their health.

Weekend Work (Article 46 & 47, Turkish Labor Law No. 4857)

  • Weekly Rest Period: All employees are entitled to a minimum uninterrupted 24-hour weekly rest period within a seven-day period. This rest period typically falls on weekends.
  • Employee Consent for Weekend Work: Working during the weekly rest period requires the employee's consent.
  • Compensation for Weekend Work: If an employee works on a weekend with their consent, they are entitled to additional compensation. This includes:
    • Full Day's Wages: They receive a full day's wages on top of their regular pay for the hours worked.

Important Considerations:

  • Night work exceeding 7.5 hours (except for the exempted sectors) is considered overtime and requires overtime compensation even if the total weekly working hours remain within the 45-hour limit.
  • Working on national holidays generally follows the same principles as weekend work, requiring employee consent and additional compensation.
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