Guide
Overtime calculation in Türkiye: art. 41 of the Labour Law, with examples
Updated:
The most common mistake in overtime calculation is reading “fifty per cent” as half the wage. This guide walks through art. 41 of Labour Law No. 4857 clause by clause with sample figures: what counts as overtime, how the uplift applies and where the limits are.
What is overtime?
Under art. 63 of Labour Law No. 4857, working time is at most 45 hours a week. Under art. 41, overtime is work beyond those 45 hours. The unit is the week: one long day is not overtime by itself; if the weekly total exceeds 45 hours, the excess is overtime.
If the contract sets weekly working time below 45 hours (e.g. 40), work beyond the contracted time and up to 45 hours is extended working time (art. 41/3). The two are separate categories with different uplifts.
Overtime pay: how the +50% and +25% uplift applies
The law says each hour of overtime is paid at the normal hourly wage increased by fifty per cent. So one hour of overtime is paid at 1.5 times the normal hourly wage — not half. For extended working time the increase is twenty-five per cent: 1.25 times.
| Case | If the hourly wage is 100 TL | If time off is chosen |
|---|---|---|
| 1 hour of overtime (over 45 hours) | 150 TL | 1 hour 30 minutes |
| 1 hour of extended working time (between contracted time and 45 hours) | 125 TL | 1 hour 15 minutes |
| 6 hours of overtime in a week | 900 TL | 9 hours |
The hourly wage is an example. Amounts are calculated in payroll; the pay for normal hours is already in the monthly wage and is not added again on top of the overtime amount.
How is the hourly wage found? For monthly-paid staff, in practice the monthly wage is divided by 225: 45 weekly hours spread over six days gives 7.5 hours a day, and 30 days × 7.5 = 225 hours. This figure is not written in the law; it is established payroll practice. For example, an employee with a gross monthly wage of 22,500 TL has an hourly wage of 22,500 ÷ 225 = 100 TL. For part-timers the divisor shrinks with the contracted hours.
Time off instead of pay
If the employee wishes, they may take time off instead of the uplift (art. 41/4): 1 hour 30 minutes for each hour of overtime, 1 hour 15 minutes for each hour of extended working time. The choice is the employee’s.
Time off must be granted within six months, during working hours and without any deduction from pay (art. 41/5). An employer that fails to grant it in time faces an administrative fine for each worker (art. 102/c); the deadline passing does not extinguish the employee’s entitlement.
Limits: 270 hours, consent and night work
- 270 hours a year. Total overtime may not exceed 270 hours a year (art. 41/8). The cap counts overtime; extended working time does not use it up.
- Employee consent. Overtime requires the employee’s consent (art. 41/7). The Regulation on Overtime and Extended Working Time provides that consent be obtained in writing and kept in the personnel file.
- Banned on night work. Overtime cannot be worked on a night shift, nor in jobs where working time is shortened for health reasons.
- Compelling reasons. Urgent work due to breakdowns, machinery or equipment, or force majeure (art. 42), and extraordinary circumstances (art. 43), follow separate rules.
Two worked examples
Example 1 — full-time. An employee with an hourly wage of 100 TL worked 51 hours in a week. The 6 hours over 45 are overtime: 6 × 150 = 900 TL. If time off is chosen, 6 × 1.5 = 9 hours. Six hours come off the 270-hour annual counter.
Example 2 — 40-hour contract. An employee with an hourly wage of 100 TL worked 47 hours in a week. The 5 hours between 40 and 45 are extended working time: 5 × 125 = 625 TL. The 2 hours over 45 are overtime: 2 × 150 = 300 TL. Total 925 TL; only 2 hours come off the 270-hour counter.
Weekly rest days and public holidays are a separate calculation. An employee who works on a public holiday is paid an additional day’s wage for each day worked (art. 47). That payment is not the same as the overtime uplift and should be kept as a separate line on the timesheet.
This guide is for information only and is not legal or accounting advice. Collective agreements and your employment contract may contain more favourable terms.
Overtime FAQs
Is overtime pay fifty per cent of the hourly wage?
No. The law says pay is increased by fifty per cent; so if the hourly wage is 100 TL, one hour of overtime is paid at 150 TL, not 50 TL. For extended working time the increase is twenty-five per cent: 125 TL.
Does working 9 hours a day count as overtime?
Not by itself. Overtime is work over 45 hours a week (art. 41). Someone working nine hours a day, five days a week, has worked 45 hours and done no overtime. Daily working time, however, may not exceed 11 hours (art. 63).
Can overtime be worked once 270 hours in the year are used up?
Total overtime may not exceed 270 hours a year (art. 41/8). Extended working time up to 45 hours for an employee contracted below 45 hours does not count toward the cap. Compelling reasons (art. 42) and extraordinary circumstances (art. 43) are regulated separately in the law.
Is time off lost if it is not granted within six months?
No. The law requires time off to be granted within six months and imposes an administrative fine on the employer for each worker who does not get it (art. 102/c). The sanction targets the employer; the employee’s entitlement does not end.
Why is the hourly wage found by dividing by 225?
45 weekly hours over six days gives 7.5 hours a day; the monthly wage covers 30 days, and 30 × 7.5 = 225 hours. The divisor is not written in the law; it is established payroll practice. For part-timers the divisor shrinks with the contracted hours; otherwise the uplift is underpaid.
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