Turkey has updated its rules for obtaining and revoking employee consent for performing overtime work, as well as restrictions on the working hours for employees in underground mines.
Notable changes and clarifications include:
- It is no longer necessary to obtain employee approval for overtime during January each year.
- Employee approval for overtime work can now be obtained either at the start of the agreement, or after execution.
- Employees can withdraw consent for overtime by providing thirty days of written notice to the employer.
- Several provisions are introduced for employees working in underground mines, in line with primary legislation:
- Employees are prevented from performing overtime work, except in force majeure and exceptional circumstances set forth under the Labour Law.
- The upper threshold of working hours is set at maximum 7.5 hours per day and 37.5 hours per week.
- Overtime payments will be calculated by increasing the employee’s normal hourly wage by 100%, for each hour exceeding the maximum weekly working hours (i.e. 37.5 hours).
- It is clarified that the average weekly working hours for employees working in the tourism sector cannot exceed 40 hours over a four-month period.
Please see these links for the full text of the relevant regulations, published in Official Gazette number 30165 on 25 August 2017 (only available in Turkish):
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.