Overtime Claim Calculation 2026 | Premium, Formula and Example

An overtime claim is the claim for premium wages payable to the employee for work exceeding 45 hours per week under Article 41 of Labor Law No. 4857. Overtime is calculated at %50 above the normal hourly wage.

What is overtime?

Under the Labor Law, normal weekly working time is at most 45 hours. This time can be set below 45 hours per week by the employment contract, but cannot exceed it. All work exceeding 45 hours is called excess work (overtime) and is subject to premium wages.

Overtime cannot be required without the employee's consent. In compulsory and extraordinary circumstances (natural disaster, breakdown, etc.), however, the employer may require the employee to work overtime.

Legal Basis

Labor Law No. 4857 Art. 41, the "Overtime Work Regulation" and the case law of the 9th and 22nd Civil Chambers of the Court of Cassation.

Weekly and annual limits

Limit	Value	Description
Normal weekly work	45 hours	Can be reduced by the employment contract
Daily overtime	3 hours	Daily total cannot exceed 11 hours
Annual overtime	270 hours	Statutory upper limit
Overtime premium	%50	1,5 times the normal hourly wage

Overtime calculation formula

Overtime Pay = Hourly Wage × 1,5 × Overtime Hours
Hourly Wage = Monthly Gross Wage Including Fringe Benefits / 225

The hourly wage is found by dividing by 225 the monthly gross wage including fringe benefits. (This figure comes from the formula 30 days per month × 7,5 hours/day = 225 hours.) The resulting hourly wage, with a %50 premium (1,5 times), is multiplied by the overtime hours.

Sample overtime calculation

SAMPLE CALCULATION · 2026 Overtime

Monthly gross wage₺ 30.000

Hourly wage (30.000 / 225)₺ 133,33

Overtime hourly wage (×1,5)₺ 200,00

Monthly overtime40 hours

MONTHLY GROSS OVERTIME₺ 8.000,00

SGK and unemployment premium (%15)-₺ 1.200,00

Income tax (%15)-₺ 1.020,00

Stamp tax (‰7,59)-₺ 60,72

MONTHLY NET OVERTIME₺ 5.719,28

Proof and witness testimony

In overtime claim actions, the burden of proof lies with the employee. The employee proves having worked overtime with evidence such as witness testimony, correspondence, entry and exit records, timesheets. If entry and exit records are not kept at the workplace, Court of Cassation case law interprets in favor of the employee.

Witness testimony alone is considered sufficient evidence; however, the witnesses must have worked in the same period and at the same workplace.

Court of Cassation decisions on the subject

Continuous work: The Court of Cassation 9th Civil Chamber has held that rest breaks must be deducted. A rest break of 15 minutes is deducted for work of more than 4 hours, and of 1 hour for work of more than 7,5 hours.

National holiday: Work performed on UBGT days is assessed as a UBGT claim, not overtime.

Weekly rest day: Work performed on the weekly rest day is a separate claim item.

Written evidence: Payrolls bearing the employee's signature are accepted as binding with regard to the overtime claim.

Calculate your overtime claim now

Minimum wages by period, income tax brackets and SGK deductions are applied automatically.

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Frequently asked questions about overtime

How is overtime calculated?

Overtime is found by calculating the normal hourly wage with a %50 premium for work exceeding 45 hours per week. Formula: (Monthly gross wage / 225) × 1,5 × Overtime hours.

How much is the overtime premium?

The overtime premium is %50 above the normal hourly wage. That is, if the normal hourly wage is 100 TL, the overtime hourly wage is 150 TL.

What is the annual overtime limit?

Under the Labor Law, an employee's annual overtime cannot exceed 270 hours. Work exceeding this limit is contrary to the law.

What is the statute of limitations for overtime?

The statute of limitations for an overtime claim is 5 years. The statute of limitations starts from the date the employment contract ended.

Does the employee have to consent to overtime?

As a rule, the employee does not have to consent to overtime. In compulsory and extraordinary circumstances (natural disaster, breakdown, etc.), however, the employer may require the employee to work overtime.

Does work on the weekly rest day count as overtime?

No. Work performed on the weekly rest day is assessed separately as a weekly rest day claim. Overtime applies to time exceeding 45 hours in normal weekday work.