Under Labor Law No. 4857, the normal weekly working time is 45 hours; work performed beyond this period is classified as overtime and is subject to separate pay.
How Much Is Overtime Pay?
The wage payable for each hour of overtime work is paid at a rate 50% higher than the normal hourly wage (Labor Law Art. 41). If the employee wishes, instead of the increased wage for each hour of overtime worked, they may use one hour and thirty minutes as free time; however, this choice belongs to the employee.
Proving Overtime
The issue most frequently disputed in practice is how overtime is to be proven. Where written time-sheet records or workplace entry-exit records do not exist, an assessment is made taking into account witness statements and the nature of the work (such as a shift system or sector-specific peak periods). If the employer has had the employee sign a payslip that includes overtime pay, a claim that the amount stated on the payslip does not reflect reality must additionally be proven.
Limits on Overtime Work
Overtime may not exceed 270 hours in a year (Labor Law Art. 41). The limit of working no more than 11 hours per day for health reasons also applies to overtime.
Limitation Period
The limitation period for employee receivables (including overtime pay) is 5 years. A lawsuit must be filed, or mediation applied for, within this period after the employment contract ends.
Conclusion
A claim for overtime pay is a type of case with a heavy burden of proof, depending on correctly establishing the actual working arrangements at the workplace. Retaining any records of working hours can be decisive in a potential dispute.
You can evaluate the legal basis of an overtime petition you have prepared before sending it, using Lawyer Services' Petition Analysis tool.