Working Hours, Overtime, and Labor Regulations in Turkey

Managing working hours and ensuring compliance with the Turkish Labor Law (No. 4857) is essential for maintaining operational efficiency and legal safety. At Atlas Global Audit & Accounting, we provide strategic consultancy on labor law implementations to protect both employer and employee interests.

1. Normal Working Hours and Balancing

• Standard Limit:In general, the maximum normal working time is 45 hours per week. Unless otherwise agreed, this is distributed equally across the working days (e.g., 7.5 hours per day for a 6-day week).
• Daily Maximum:Working hours cannot exceed 11 hours in a single day, even with mutual agreement.
• Balancing Period:Through a mutual agreement, weekly hours can be distributed unevenly across the week (averaging 45 hours) within a 2-month period (which can be extended to 4 months via a Collective Bargaining Agreement).

2. Circumstances Deemed as Working Time

Certain periods are legally considered “working hours” even if the employee is not actively performing their primary task:

• Time spent traveling to other work sites assigned by the employer.
• Time spent waiting at the workplace, ready for duty.
• Breastfeeding leave for female employees (Nursing leave).
• Collective transportation provided by the employer for works like road or bridge construction away from the employees’ residences.

3. Rest Breaks

Breaks are mandatory and are not included in the working hours:

• 15 minutesfor shifts of 4 hours or less.
• 30 minutesfor shifts between 4 and 7.5 hours.
• 60 minutesfor shifts exceeding 7.5 hours.
• Breaks must be continuous but may be split through mutual agreement based on the nature of the job.

4. Night Work and Shift Regulations

• Night Shift Definition:Night work is defined as the period between 20:00 and 06:00.
• Limit:Night shifts cannot exceed 5 hours.
• Healthcare:Employees must undergo a medical screening before starting night shifts and at least every two years thereafter, with costs covered by the employer.
• Rest Between Shifts:A minimum of 11 hours of continuous rest is mandatory between the end of one shift and the start of the next.

5. Overtime and Extra Hours

• Overtime (>45 Hours):Work exceeding 45 hours a week. Pay is the standard hourly rate plus a 50% premium.
• Extra Hours (Contractual):Work exceeding the contracted hours but still under 45 hours/week. Pay is the standard hourly rate plus a 25% premium.
• Annual Limit:Total overtime cannot exceed 270 hours per year per employee.
• Consent:Employers must obtain written consent from employees for overtime at the beginning of each year.
• Free Time:Instead of a cash premium, employees may request 5 hours of free time for every hour of overtime, to be used within 6 months.

6. Make-up Work

If work is suspended due to force majeure, holidays, or at the employee’s request, the employer can require make-up work within 4 months.

• Make-up work cannot exceed 3 hours per dayand the total daily limit remains 11 hours.

7. Short-Time Working and Allowance

In cases of general economic crisis or force majeure, employers may temporarily reduce weekly hours or stop operations.

• Allowance:Employees may receive a “Short-Time Working Allowance” from the Unemployment Insurance Fund for up to 3 months (subject to Presidential extension).
• Conditions:The employee must meet specific unemployment insurance contribution requirements.

8. Preparation, Completion, and Cleaning Works

If primary workers are tasked with preparation or cleaning before or after shifts:

• These tasks can add a maximum of 2 hours per day, provided the total daily work does not exceed 11 hours.
• These hours count toward the 270-hour annual overtime limit.