Overtime (overtime) is work exceeding 45 hours per week. It is regulated in Law No. 41.
Calculation
- Hourly wage × 1.5 (with raise)
- Or "free time" (1.5 hours off for each extra hour) at worker's option
Annual Limit
A worker's annual overtime cannot exceed 270 hours (except for special regulations).
Condition of Approval
Written consent of the worker is required. However, the Supreme Court accepts that the silence of a worker who constantly works overtime can be considered "consent".
Burden of Proof
The task falls to the worker. However, in cases where the employer does not submit a work table, shift schedules, card printing records, the employee can prove it with a witness statement.
Supreme Court 9. HD Approach
The Supreme Court of Appeals 9th HD decides that in the expert reports in which the overtime request is rejected, if the employer does not submit a shift schedule, the employee's witness statement should be taken into account and the payment should be calculated by making a discretionary discount of 30%.
For overtime files, labor law attorney support is recommended.