HOW IS THE WORKER’S OVERTIME WAGE CALCULATED?

According to the Labor Law, the normal working time per week is set at 45 hours.According to the Labor Law, the normal working time per week is set at 45 hours.

Overtime refers to work exceeding 45 hours under the conditions written in the labor law, and overtime refers to work exceeding these periods and up to 45 hours in cases where the weekly working time is determined below 45 hours.

Accordingly, in a service contract where the weekly working hours are determined as 40 hours by contract, the hourly wage is increased by 25% for each hour until the weekly limit of 45 hours is reached.ccordingly, in a service contract where the weekly working hours are determined as 40 hours by contract, the hourly wage is increased by 25% for each hour until the weekly limit of 45 hours is reached. Every hour of work after the weekly limit of 45 hours is reached is considered overwork. In accordance with the regulation on overtime and overtime work related to the labor law, the wage to be given for each hour of overtime work is paid by increasing the amount per hour of the normal working wage by 50%. There is no difference in the calculation between making these shifts after the end of the work on weekdays or arriving on the weekend. Dec.There is no difference in the calculation between making these shifts after the end of the work on weekdays or arriving onis no difference in the calculation between making these shifts after the end of the work on weekdays or arriving on the weekend. Dec.

According to this, let’s determine the working hours as 40 hours per week bhere is no difference in the calculation between making these shifts after the end of the work on weekdays or arriving on the weekend. Dec.

According to this, let’s determine the working hours as 40 hours per week by contract, between 9.00 and 17.00 on weekdays.  The wage per hour will be reduced by 25% for overtime work up to 5 hours per week at the end of the work, and the wage per hour will be increased by 50% for overtime work after 45 hours.

Article 46 of the Labor Law according to article 63, employees are required to leave before the holiday day. provided that they have worked on the working days determined according to the article, they are given at least 24 hours of uninterrupted rest for a period of 7 days.

This is called a weekend. The law does not specify which day the weekend will be. Therefore, it is not mandatory to be Sunday, any desired day can be decidedhis is called a weekend. The law does not specify which day the weekend will be. Therefore, it is not mandatory to be Sunday, any desired day can be decided upon. If the employee has completed 45 hours of work before the week break, but is still working during the week break, he will be paid an increase by increasing the amount per hour of the normal working wage to be given for each hour of overtime by 50%.

In cases where the weekly working time is determined below 45 hours, work up to 45 hours will be considered as work with extra hours, and 25% more than usual will be paid for each extra hour of work. Because in this case, it does not matter in the calculation whether the shift is made on a weekday or on a week break.ses where the weekly working time is determined below 45 hours, work up to 45 hours will be considered as work with extra hours, and 25% more than usual will be paid for each extra hour of work. Because in this case, it does not matter in the calculation whether the shift is made on a weekday or on a week break. For example, the person came to work on the weekend and worked 8 hours, which is the daily working time. The total working time on weekdays corresponds to 40 hours. According to this, the first 5 hours of Saturday will work 25% more than her normal hourly rate, and in the remaining 3 hours, norma will receive 50% more of her hourly rate as overtime pay, since she has exceeded 45 hours.According to this, the first 5 hours of Saturday will work 25% more than her normal hourly rate, and in the remaining 3 hours, norma will receive 50% more of her hourly racording to this, the first 5 hours of Saturday will work 25% more than her normal hourly rate, and in the remaining 3 hours, norma will receive 50% more of her hourly rate as overtime pay, since she has exceeded 45 hours.

OVERTIME PAY CALCULATION
To explain the overtime pay calculation with an example, a worker who normally works 8 hours a day and earns 160 TL per day earns 20 TL per hour.  If he works 40 hours a week under a contract and works 5 days a week and will also work on a Saturday, the employee;

Since the 5 hours up to 45 hours will be mentioned as working more than the regular hours, the hourly wage will be 25TL with a 25% increase and he will earnSince the 5 hours up to 45 hours will be mentioned as working more than the regular hours, the hourly wage will be 25TL with a 25% increase and he will earn 125TL,

During the next 3 hours, it will be Since the 5 hours up to 45 hours will be mentioned as working more than the regular hours, the hourly wage will be 25TL with a 25% increase and he will earn 125TL,

During the next 3 hours, it will be calculated that the worker will earn 215 TL for that day in total, since the overtime wage will be 30 TL with an hourly increase of 50%, and it will be 90 TL in total.

WAGE OF AN EMPLOYEE WORKING ON HOLIDAYS
General holidays come into play on national holidays, New Year’s Day, public and religious holidays. According to the Labor Law, workers are paid the full wage for that day without any work on these holidays. If the worker does not take a holiday that day and works, he/she is also paid one day’s wage for eacheneral holidays come into play on national holidays, New Year’s Day, public and religious holidays. According to the Labor Law, workers are paid the full wage for that day without any work on these holidays. If the worker does not take a holiday that day and works, he/she is also peneral holidays come into play on national holidays New Year’s Day, public and religious holidays. According to the Labor Law, workers are paid the full wage for that day without any work on these holidays. If the worker does not take a holiday that day and works, he/she is also paid one day’s wage for each day worked. In other words, an employee working on a national holiday is entitled to receive 2 times his daily wage. In addition, if the weekly working period of 45 hours has been completed, he receives a daily working wage, which is a holiday wage, as well as an overtime wage of 50% per hour. Even if it doesn’t work, he will still receive his 1-day wage. For example, a worker who completes 45 hours of work and works on May 19th;

1-) the fee he will normally receive for a day’s work (let it be 160 TLFor example, a worker who completes 45 hours of work and workor example, a worker who completes 45 hours of work and works on May 19th;

1-) the fee he will normally receive for a day’s work (let it be 160 TL)

2-)plus one more daily fee due to working on Bayram (+160 TL)

3-) 50% more than the normal hourly rate within each hour after completing the 45 hours (for example, 50% more than 20 TL will be 30 TL per hour.)will receive.

If a national holiday or a holiday falls on a weekend and the worker does not work on that day, the worker is paid one day’s wage. Both the general holiday wage and the weekend wage are not paid together. However, if the worker works on that day, one day’s wage should be paid in addition to the overtime holiday or a holiday falls on a weekend and the worker does not work on that day, the worker is paid one day’s wage. Both the general holiday wage and the weekend wage are not paid together. However, if the worker works on that day, one day’s wage should be paid in addition to the overtime wage.

OVERTIME PAY CASE
As stated in the Labor Law, the total of overtime hours cannot exceed 270 hours in a year. The claim that it is excessive can be proven with a document.

Overtime work is often carried out without a written agreement or documentation by the employer. In other words, sometimes the worker works upon the verbal request of the employer and cannot even receive overtime payvertime work is often carried out without a written agreement or documentation by the employer. In other words, sometimes the worker works upon the verbal request of the employer and cannot even receive overtime pay. For this reason, employees are going to the lawsuit for the collection of employee receivables as of the period when they leave work. Overtime wages exceeding 5 years are not paid due to the objection of the opposing party during the litigation process due to the retroactive 5-year statute of limitations.

In the case of overtime pay that will be filed, if there is no payroll and documents signed by the employer regarding overtime, workplace entrance and exit records, if there are any, building entrance and exit records should definitely be used as evidence.n the case of overtime pay that will be filed, if there is no payroll and documents signed by the employer regarding overtime, workplace entrance and exit records, if there are any, building entrance and exit records should definitely be used as evidence. Because, although it is proved by a witness that he will receive overtime pay, it is only based on witness evidence without written documents, it is possible to make a fair deduction from the overtime pay determined to the local court by the case law of the Court of Cassation and to review the overtime pay calculated by an expert witness.

Therefore, when filing a lawsuit for overtime pay, it should first be investigated whether there is a written document that can be used to prove that overtime was done. Such as camera recordings, records of card entriesherefore, when filing a lawsuit for overtime pay, it should first be investigated whether there is a written document that can be used to prove that overtime was done. Such as camera recordings, records of card entries. If not, witnesses who have worked durinerefore, when filing a lawsuit f

 

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