Employment
Overtime Work in Labour Law: The Essentials
How is work beyond the weekly working time defined, what limits apply, and how is it compensated? A general overview.
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Practice Areas
Labour & Social Security Law
Advisory and representation are provided on the drafting and termination of employment contracts; employee claims such as severance, notice pay and overtime; reinstatement proceedings; and mobbing allegations.
Legal support is offered to both employees and employers in claims arising from workplace accidents and occupational diseases, as well as disputes under social security legislation.
Services in This Area
- Advice on the drafting, review and termination of employment contracts
- Pursuit of severance and notice pay claims
- Mediation and litigation concerning overtime, annual leave and other employee entitlements
- Advice and representation in reinstatement (işe iade) proceedings
- Legal support in workplace mobbing (psychological harassment) claims
- Pecuniary and non-pecuniary damages claims arising from workplace accidents and occupational diseases
- Service determination actions and representation in social security disputes
- Labour law compliance advice for employers and planning of termination processes
What Does Turkish Labour Law Cover?
Labour and social security law — governed primarily by Labour Law No. 4857 — regulates the entire employment relationship, from formation to termination. The type and content of the employment contract, working hours, wages and overtime, annual leave, occupational health and safety obligations, and termination procedures are among the core subjects of this field.
The disputes most frequently encountered in practice concern severance and notice pay, unpaid wages and overtime, unfair dismissal, reinstatement claims and compensation arising from workplace accidents. Service determination actions relating to unregistered employment, as well as disputes under social security legislation such as retirement entitlements, also fall within this area.
How Does Mandatory Mediation Work in Employment Claims?
Under the Labour Courts Law No. 7036, applying to a mediator before filing suit is compulsory for employee monetary claims — such as severance, notice pay, overtime and wages — and for reinstatement claims. This application is a procedural prerequisite; actions filed without completing the mediation stage are dismissed on procedural grounds.
If the parties reach an agreement in mediation, the settlement record has the force of an enforceable document and can conclude the matter swiftly. If no agreement is reached, the final record opens the way to litigation before the labour courts; legal support is valuable for calculating claims correctly and observing the applicable time limits.
What Are the Conditions for a Reinstatement Claim?
To seek reinstatement, the employee must fall within the scope of job security: the workplace must employ thirty or more workers, the employee must have at least six months' seniority, and the employment contract must be of indefinite duration. The dismissal must also lack a valid reason; the burden of demonstrating a valid reason rests on the employer.
An application to a mediator must be made within one month of notification of the dismissal; if no agreement is reached, an action may be filed within two weeks of the final mediation record. Because missing these deadlines may result in loss of rights, employees facing dismissal should have their situation assessed without delay.
Frequently Asked Questions
- In which cases is severance pay due?
- An employee with at least one year of service with the same employer may be entitled to severance pay in the circumstances listed in the law, including dismissal by the employer without just cause, termination by the employee for just cause, retirement, military service, or — for female employees — resignation within one year of marriage. Severance is calculated on the basis of the final gross wage for each full year of service. Entitlement depends on the circumstances of the specific case.
- What is the limitation period for employee claims?
- Wage-related claims such as salary, overtime and annual leave pay, as well as severance and notice pay claims, are as a rule subject to a five-year limitation period. The starting point varies by the type of claim; for termination-related compensation it generally runs from the date of dismissal. Raising claims within the applicable period is essential to avoid loss of rights.
- What rights does an employee have after a workplace accident?
- In addition to temporary or permanent incapacity benefits provided by the Social Security Institution, an employee injured in a workplace accident may claim pecuniary and non-pecuniary damages from the employer depending on fault. Prompt notification of the accident to the Social Security Institution and preservation of evidence are important for the process. In fatal accidents, dependants may claim loss-of-support damages; the outcome depends on the degrees of fault and the circumstances of the case.
- I believe I was unfairly dismissed — what can I do?
- The first step is to keep documents such as the dismissal notice, employment contract and payslips, and to assess the stated grounds for termination. Employees within the scope of job security may initiate reinstatement proceedings by applying to a mediator within one month; mediation and litigation are also available for severance, notice pay and other entitlements. The appropriate route is determined through an assessment of the specific situation.
These answers are for general information only and do not constitute legal advice. For an assessment of your specific situation, please consult a lawyer.
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