What are the standard working hours in the Republic of Turkiye?

The standard working hours in the Republic of Turkiye are regulated by Turkish Labor Law, which provides that the maximum workweek is generally 45 hours. If an employer needs an employee to work overtime, they must request and obtain the employee's consent. Compensation for overtime work is provided in accordance with the applicable legislation.

Is overtime governed by law in the Republic of Turkiye? If so, what are the specifics outlined by law?

In the Republic of Turkiye, overtime is governed by law with specific requirements:

• Employers must obtain consent from supported employees for overtime work, either during the execution of the employment agreement or when the need for overtime arises.
• Supported employees can choose not to work overtime by withdrawing their consent through a written notification submitted to the employer at least 30 days in advance.
• Overtime pay, along with pay for work on public holidays and weekends, is included in an employee's salary. Therefore, employees cannot request additional pay for overtime work or work on these days.
• The maximum work hours per week is forty-five hours.

How is overtime payment calculated in the Republic of Turkiye?

In the Republic of Turkiye, the calculation of overtime payment follows specific guidelines:

• Periods of work under 30 minutes are rounded up to 30 minutes, while periods over 30 minutes are rounded up to 60 minutes.
• Overtime is paid at 1.5 times the employee's regular hourly salary.
• Overtime worked on a public or weekly holiday is compensated at 2.5 times the employee's daily salary.
• Employees have the option to convert overtime hours into free time. For each hour of overtime, they may take 1 hour and 30 minutes of free time. For each extra hour worked beyond regular hours, the conversion is 1 hour and 15 minutes of free time. This free time should be used within 6 months during regular working hours, with no reduction in wages.

How many days before the actual start date should the employment agreement be signed for payroll purposes in the Republic of Turkiye?

In the Republic of Turkiye, the employment agreement should be signed 3 to 5 days before the actual start date to ensure payroll processes are properly managed. Additionally, it is important to have the necessary documents ready for enrolling a supported employee in the social security system.

Can employment agreements be backdated in the Republic of Turkiye?

Yes, it is possible to backdate an employment agreement in the Republic of Turkiye. However, certain conditions must be met:

• While the Commencement Date of the employment can be prior to the execution date (the official signing date) of the employment agreement, this earlier date must be properly documented.
• The employment agreement must accurately state the date on which it was officially signed.
• The execution date should not be misrepresented as an earlier Commencement Date.

For example, an agreement can specify July 2021 as the Commencement Date, but if the execution date is actually in September 2021, this must be clearly stated in the employment agreement.