Supreme Court Sets Precedent for Over 11 Hours of Work per Day
Supreme Court of Appeals: Work Over 11 Hours Should Be Paid as Overtime
The Supreme Court of Appeals in Turkey has ruled that any worker who works more than 11 hours per day should receive overtime wages, even if they do not exceed their weekly hours. The decision was made based on a report prepared by the inspectors of the Regional Directorate of Labor, which emphasized that any work exceeding 11 hours per day should be considered overtime according to Article 41 of the Law No. 4857, which states that any work exceeding 45 hours per week is considered overtime.
The decision was made after a lawyer of a plaintiff company applied to the court for the cancellation of the report, arguing that the determination of no overtime wages being accrued despite the fact that the six-week working period was 259 hours was incorrect. The court initially ruled for the annulment of the report, but the decision was moved to the Regional Court of Justice. While the BAM (Board of Labor and Social Security Experts) ruled to reject the objections, the 9th Civil Chamber of the Supreme Court of Appeals entered into action and signed a precedent decision.
According to the regulation, it was emphasized that the breaks given in accordance with Article 68 of the Law No. 4857 will not be counted as working time. This means that the breaks given during working hours will not be part of the hours worked and therefore, cannot be counted towards overtime pay.
This decision has significant implications for workers across Turkey, as it ensures that those who work long hours beyond their designated shifts will receive overtime pay. Employers will need to adjust their policies and compensate their employees accordingly. It is a positive change that provides additional protection to workers’ rights.
