Labour Law Article 41: Working more than 45 hours per week is overtime. 50% increased wage.
Calculation
- Hourly wage × 1.5 = overtime per hour
- 270-hour annual limit (can be extended by law, contract)
- Working overtime (additional under 45 hours): 25% increase
Not Deserved Situations
- Managerial employees (contract required)
- Professional work independent of the time the work is performed
- Different order in some sectors (such as doorman, shepherd)
Provision for Leave (Art. 41/3)
- Overtime covered by leave
- 1 hour more = 1.5 hours leave
- Written contract condition
Proof
- Payroll (overtime is generally not visible)
- Workplace records (entry-exit system)
- Witness statement
- E-mail/Message records (late hours)
Time
- 5-year statute of limitations
- Labor law receivables
Supreme Court 9. HD
9. HD adopts that overtime calculation can be based on "reasonable average of witness statements", and "estimated" calculation of 30-50% can also be made.
Labor law attorney is recommended.