How to Claim Overtime Pay in Turkey: Proof, Signed Payslips, Witness Testimony and Limitation Period (Labor Act Art. 41)

Many employees work beyond normal hours and do not receive full pay; many employers argue the pay was made. Overtime lawsuits almost always turn on one issue: proof of the overtime. The employee must prove the overtime was worked, and the employer must prove it was paid.

This guide covers the definition of overtime and the premium under Article 41 of Labor Act No. 4857, how evidence is evaluated, how a signed payslip binds the employee, why courts reduce witness-based claims and the limitation period. We also review a 2021 decision of the 9th Civil Chamber of the Court of Cassation that analyzes payslips and witness evidence in detail. For severance and notice pay, see our severance and notice pay guide.

1. What Is Overtime? Premium and Limits

Under Article 41 of the Labor Act, overtime is work above forty-five hours a week within the conditions in the Act. For each hour of overtime, pay is the normal hourly wage increased by fifty percent.

• Work above contractual hours: Where the contractual weekly hours are below forty-five, work above the average weekly hours up to forty-five is work for extra periods; the premium is twenty-five percent.
• Time off instead of pay: The employee may choose one hour thirty minutes of paid time off for each overtime hour instead of premium pay, to be used within six months without a wage deduction.
• Annual cap: Total overtime cannot exceed 270 hours a year.
• Employee consent: The employee's consent is required for overtime.
• Prohibited cases: Overtime cannot be worked in night work and in short or limited jobs based on health grounds.

2. Who Must Prove Overtime?

The general rule is that the party who claims a right must prove it. Therefore the employee must prove overtime was worked; the employer must document payment. The evidence includes:

• Written records: Time and attendance system records, card swipes, shift schedules, work rosters, work orders, emails and messages. These are stronger evidence than witnesses.
• Witness testimony: Where no written record exists, witnesses may prove overtime, but their testimony is given weight only for the periods they worked together with the employee.
• Payslips: Payslips with overtime accruals have different effects depending on whether they are signed (see section 3).
• Workplace records and expert: Entry-exit records and expert examination are used in the calculation.

3. A Signed Payslip Binds the Employee

The 9th Civil Chamber of the Court of Cassation draws this distinction: the overtime hours, weekly rest days worked and national holiday days worked stated in a signed payslip bind the employee. The employee can prove more overtime than the payslip shows only with written evidence. If the employee cannot, the hours in the payslip are used; only the wage is recalculated on the real wage and the amount paid is set off.

If the payslip is unsigned, the employee can prove more overtime than shown by any evidence including witnesses; amounts accrued in the payslip and shown as paid by bank records are set off against the calculated receivable.

Therefore, before signing a payslip with overtime accruals, an employee should check whether it reflects actual hours and, if in doubt, sign with a written reservation.

4. Fair Reduction When Proved by Witnesses

When overtime is proved only by witness testimony, courts apply a discretionary reduction to the calculated receivable, because witness testimony does not replace a precise time record. In the decision below, the regional appellate court applied a 30% fair reduction to the overtime, weekly rest day and public holiday receivables that rested on witness testimony.

The Chamber stated two principles in the same decision: no reduction applies to a period proved by written records; for a period proved by witnesses, the calculation must rely on the witnesses only for the periods they worked together with the employee, with an appropriate reduction.

5. Limitation Period: Five Years

Under Article 32 of the Labor Act, the limitation period for wage receivables is five years. Overtime pay is a wage receivable, so a lawsuit should generally be filed within five years of the date each receivable fell due. Under Additional Article 3 of the Labor Act, the limitation period for annual leave pay and for compensation such as severance pay is also five years.

This period continues to run even while the employee still works at the same workplace; older overtime receivables can therefore become time-barred. Waiting until the end of the employment contract may cost past years' receivables.

6. The Lawsuit: Mediation, Labor Court and Calculation

For employee receivables and compensation disputes, applying to a mediator before filing is a condition for the lawsuit (Labor Courts Law No. 7036, Art. 3). If mediation fails, a receivable lawsuit is filed in the labor court. The court typically obtains an expert report and follows these steps:

• Establishing the employee's work pattern (daily and weekly hours) from the evidence,
• Calculating hours above forty-five a week and evaluating them in light of the 270-hour annual cap,
• Calculating the hourly wage on the real wage and applying the fifty percent premium,
• Setting off amounts shown as paid in payslips and applying a reduction where proof rests on witnesses.

7. Common Mistakes

• Keeping no records: Employees should keep messages, schedules and swipe records showing working hours.
• Signing payslips without checking: A signed payslip may bind the employee.
• Waiting on limitation: Receivables older than five years can be lost.
• Relying only on witnesses: If written records exist, produce them before witnesses.
• Skipping mediation: It leads to dismissal of the lawsuit.

Frequently Asked Questions

For legal advice on overtime, severance and notice pay, reinstatement and other employment disputes, see our Labor Law page, or request an appointment via our Contact page.