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How to Calculate and Prove Overtime Pay? 2026 Guide Labor Law No. 4857 art. 41 and m. 45 Hours a Week Limit, Fifty Percent Raise, Payroll, Witness and Equity Discount in accordance with Article 63 (2026)
It was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Working more than 45 hours per week is overtime and is paid fifty percent more than the hourly wage. The hourly wage of a monthly wage worker is found by dividing the gross wage by 225. The crux of the dispute is often not calculation but proof: tourniquet records, e-mails and witness statements are used; Witness-based accounts generally receive a thirty percent equity discount. The receivable is subject to a five-year statute of limitations and failure to pay gives the employee the opportunity for justified termination.
Overtime pay is one of the most requested labor receivables in labor courts. The queries "overtime calculation" and "how overtime pay is calculated" constantly rank at the top of search engines. The real crux of disputes is often not calculation, but proof: The result is determined by the evidence with which the worker reveals how much work he actually worked.
This guide explains the legal limits, calculation method and the established criteria of the 9th Civil Chamber of the Supreme Court of Appeals regarding proof.
Legal Framework: When is Overtime Considered?
45 hours per week: Work exceeding 45 hours per week, within the framework of the conditions written in the law, is considered overtime (Labor Law article 41, article 63).
11-hour daily limit: Weekly time may be distributed differently in the workplace; However, daily working hours cannot exceed 11 hours in any case.
270 hours per year: The total of overtime working hours cannot exceed 270 hours in a year. This limit is a prohibition on the employer; exceeding it does not eliminate the payment for the work actually done.
Worker's approval: The worker's written consent must be obtained for overtime work.
Break breaks: Breaks that must be given according to the daily working time (for example, at least one hour if working more than 7.5 hours) are deducted from the working time.
overwork Working more than 45 hours per week 50% more than hourly wage 1 hour 30 minutes for each hour
Working for longer periods of time If the weekly period is determined to be less than 45 hours in the contract, work done beyond this period and up to 45 hours 25% more than hourly wage 1 hour 15 minutes for each hour
If the worker wishes, he can use free time instead of overtime pay; This period can be used within six months and without deduction from the salary. By agreement of the parties, weekly working hours may be distributed differently, provided that they do not exceed an average of 45 hours within a two-month (up to four months with a collective bargaining agreement) equalization period; Equalization application must be proven with written records.
The hourly wage of a monthly wage worker is calculated by dividing the monthly gross wage by 225 (45 hours per week x 30 days /
6 days). Overtime hourly wage is 1.5 times the hourly wage. There is no ceiling on overtime pay; The calculation is made on the bare gross wage and income and stamp tax are deducted from the amount.
Proof: What Evidence Does the Supreme Court Look at?
The burden of proof is on the worker: The worker who claims to have worked overtime is obliged to prove this. Written documents, entry-exit records, camera recordings, work e-mails, messages sent outside of working hours and witness statements can be used as evidence.
Signed payroll: If overtime pay accrual appears on the signed wage slip, it is generally not possible for the worker to claim that he/she has worked more hours; However, in case of a reservation, proof of overtime working on the payroll can be made with all kinds of evidence (Supreme Court 9th HD, E. 2025/6138, K. 2025/9412, T. 02.12.2025).
Payroll without accruals: If there is no overtime accrual in the payroll, the employee can prove overtime with a witness, even if the payroll is signed.
Witness statements: The witness is required to have worked in the same period and in the same order as the worker. The statements of witnesses who have a case against the defendant employer must be supported by other evidence.
Equity discount: In calculations based on witness statements, a 30% discount is generally made in the Supreme Court practice on the grounds that it is not compatible with the ordinary flow of life for the employee to work the same amount of time every day for reasons such as leave, report and excuse. This discount does not apply to calculations based on written documents (e.g. turnstile records).
Case Summary: Mr. Emre, who worked in a logistics warehouse, worked six days a week between 08.00 - 19.00 for two years and was only paid a monthly fixed wage. There is a card turnstile system at the warehouse entrance. Legal Evaluation: The court requests the tourniquet records from the employer and has the expert make calculations. Deducting one hour of rest results in 10 hours of work per day and 60 hours per week; There is 15 hours of overtime per week. Since the calculation is based on written records, no equity deduction is made.
Case Summary: In the contract of Ms. Burcu, who works in a managerial position in a software company, there is a provision that "up to 270 hours of overtime per year is included in the monthly wage". Ms. Burcu claims that she works approximately 400 hours a year overtime. Legal Evaluation: In the practice of the Supreme Court, contractual provisions stating that overtime up to 270 hours per year are included in the wage are accepted as valid, especially for high-paid employees. In this case, Ms. Burcu may request overtime pay for the part exceeding 270 hours that she can prove.
What is the statute of limitations for overtime work?
Overtime pay is a wage receivable and is subject to a five-year statute of limitations. The period runs separately from the date on which each month's fee becomes due; Therefore, periods older than five years cannot be requested.
Are weekend and holiday work included in overtime?
No, these are separate receivable items. An additional fee is charged for the days worked on weekdays and national holidays and public holidays; The same period cannot be taken into account twice.
Can a lawsuit be filed for working overtime?
Yes. A lawsuit can also be filed by applying to a mediator while the employment contract is ongoing. Unpaid overtime wages also give the worker the opportunity to terminate the contract for just cause.
Not recording working hours (card, email, message, photo).
Signing the payroll showing overtime accrual without making any reservations.
Mixing weekend and public holiday work with overtime.
Not keeping score and not obtaining written approval from the worker for overtime.
Losing old period receivables due to the five-year statute of limitations.
When it comes to overtime, success depends on the evidence strategy before the accuracy of the calculation. Which records will be requested from the court, the period in which the witnesses worked together and the content of the payroll directly affect the final amount.
Küheylan Law Firm carries out the process in detail, from the determination of evidence in overtime claims to the objection to the expert report, and provides preventive consultancy to employers on keeping working time records in accordance with the law and equalization practices.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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