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What are the Consequences of the Worker’s Failure to Pay Overtime?

Today, it is a general problem that the employees are employed over the weekly working hours specified in the Labor Law and the overtime wages paid as a result of this work are not paid.

According to the Labor Law, the weekly working time is determined as 45 hours. Times exceeding this period will be called overtime. First of all, it should be stated that overtime work depends on the consent of the worker. Overwork will not be done without the consent of the worker. Both normal working wages and overtime wages should be paid to the worker at the relevant time.

The wages to be paid for the worker who has worked more than one hour should be paid by increasing the amount of normal working wage per hour by fifty percent. It is also possible for the employer to use free time for the worker instead of overtime wages or to make equalization at the workplace. However, if there is no free time and equalization practices in the workplace, then it is compulsory to pay the workers overtime wages.

In accordance with the case law of the established Supreme Court, employees who are not paid for overtime wages have the right to terminate their employment contracts immediately for good reason. The worker who will leave this way will be entitled to receive severance pay, but he will not be entitled to the right to notice pay. In this context, the worker who will quit the job will undoubtedly have a great benefit in drawing the protest to his employer through the notary public.

If the worker demands overtime wages, he is obliged to prove this claim. Although overtime wages are not paid, it is not of great importance not to sign the payslip of the overtime wage. While signing the payroll, it is important to sign the payrolls, keeping the receivables that overtime wages are not paid. However, if the worker does not sign payrolls and proves that he is doing overtime with the statements of witnesses, he will be entitled to overtime pay. It should be noted that the witnesses are people who worked in the same period with the worker and who know the working days and hours of the worker. The records kept while the worker was entering and exiting from the work provide strong evidence that overtime is done before the court.

Due to the fact that overtime wages are not paid, the interest to be applied in the claims due to these receivables is the highest deposit interest applied by the banks. Even if the overtime period is limited to 270 hours in the Law, if the worker has overtime worked more than 270 hours a year, these periods must also be paid. It is important to note that receivables for overtime are timed out after 5 years.