16 Jan How Is The Employee’s Overtime Fee Calculated?
According to the Labor Law, the normal working time per week is 45 hours.
The overtime work exceeds 45 hours in the written conditions under the labor law, and the overtime work refers to the work done up to 45 hours in cases where the weekly working time is less than 45 hours.
Accordingly, in a service contract that has a weekly working time of 40 hours, the wage per hour is increased by 25% per hour until the 45 hour limit is reached. After reaching the 45-hour limit per week, work is considered to be overtime. In accordance with the labor regulation and the working period for extra time, the wage for each hour of overtime work is paid by increasing the amount of the hourly work fee by 50%. There is no difference in the calculation between these work-outs after the end of the week or at the weekend.
According to this contract, 40 hours working time, every weekday between 9:00 to 17:00 hours should be set. At the end of the work week, the fee per hour will be increased by 25% and the charge per hour will be increased by 50%.
In accordance with Article 46 of the Labor Law, workers shall be provided with at least 24 hours of non-stop work within a period of 7 days, provided that they have worked on working days determined according to Article 63 prior to the holiday.
This is called the week holiday. The law does not specify the day of the week holiday. Therefore, it is not obligatory to be Sunday, a day can be decided. If the worker has completed the 45-hour working period before the week-end, then the working hours will be paid on a regular basis by raising the amount of normal working fee per hour to 50% by the time of the week.
In cases where the weekly working time is less than 45 hours, up to 45 hours of work will be counted as overtime and 25% more than normal will be paid for each hour of overtime. Because, in this case, the week of the week or the week of the week is not important in calculating. For example, the person came to work on weekdays and worked 8 hours a day. The total working time on weekdays corresponds to 40 hours. According to this, the first 5 hours of Saturday will run more than 25% of the normal hourly rate, and in the remaining 3 hours, it will take more than 50% of the hourly rate for the overtime fee as it exceeds 45 hours.
MORE MESSAGE FEE CALCULATION
To explain the overtime calculation, for example, a worker who normally works 8 hours a day and earns 160 TL per day earns 20TL per hour. If the employee works 40 hours per week and works 5 days a week and works on a Saturday, the worker will;
5 hours of up to 45 hours of work will be mentioned in more than 5 hours hourly 25% increase of 25 per hour increase of 25TL and will earn 125 TL,
In the next 3 hours, the overworked fee will increase from 50% to 30 TL per hour, so it will be calculated that the total number of workers will be 215 TL.
FEE WORKING IN HOLIDAY DAYS
National holiday, New Year, public and religious holidays come on the agenda of the general holiday. According to the Labor Law, workers will be paid in full on the holidays without a job. If the worker works by not having a holiday that day, he / she is also paid a daily fee for each day worked. In other words, workers working on a national holiday are entitled to 2 times the daily wage. In addition, if the weekly working hours of 45 hours are filled with a daily wage work day as well as a wage of overtime, which also costs more than 50% of the fee. If it does not work, however, it will take 1 day fee. For example, if you complete a 45-hour working hour and work on May 19;
1-) Normally a daily fee (160 TL)
2-) plus one more daily wage (+160 tl) due to work at the festival
3-) 50% more than the normal cost per hour (in the example, 50% more than 20TL per hour will be 30TL per hour).
If the national holiday or holiday falls on the week’s holiday and the worker is not working today, the employee is paid one day’s wages. Both the general holiday fee and the weekend fee are not paid together. However, if the worker is working on this day, a daily fee as well as the overtime fee must be paid.
CASE OF MORE EXTERNAL FEE
As stated in the Labor Law, the sum of overtime periods cannot exceed 270 hours in a year. The claim that it is too much can be proved by document.
Overtime work is usually done to the employer without a written citation and documented. In other words, sometimes the employer works with the oral demand of the employer and cannot get the overtime fee. For this reason, workers go to trial for collection of workers’ receivables as of the period they leave. Due to the 5 years of statutory limitations, the overtime payment of over 5 years is not paid due to the objection of the other party in the litigation process.
If there is no payroll and documents signed by the employer in the case of overtime work to be opened, the workplace entry and exit records and the building entrance and exit records should be used as evidence. Although the overtime pay is proven by the witness, it is possible to rely solely on the evidence without witnesses, the Court of Cassation has granted the possibility of reducing the overtime pay to the local court by the jurisprudence and the criticism of the overtime fee calculated by the expert.
For this reason, it should be investigated firstly whether overtime pay is filed and if there is a written document that can be used for overtime. Camera recordings, recordings on card entries. If not, eyewitnesses who have worked overtime at the same time as overtime work should be heard.
Overtime work can be opened by itself as well as all of the workers’ claims (severance pay, notice pay, balance salary).
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