Night Shift, Overtime

Night Shift Overtime | Lawyer in Izmir

In labor law, the working period defined as night work is the time between 8:00 PM at the latest and 6:00 AM at the earliest, and in any case lasting a maximum of eleven hours.

Legal Düzenleme:

Labor Law No. 4857‘According to Article 69 of the law, which regulates night hours and night work.; "In working life, 'night' is the period starting no later than 8:00 PM and ending no earlier than 6:00 AM, and in any case lasting a maximum of eleven hours. Depending on the nature and requirements of certain jobs, or the characteristics of certain regions of the country, regulations may be issued to determine the application methods of the provision in the first paragraph by setting the start of 'night' earlier, adjusting summer and winter time, specifying the start and end times of the day period, or establishing a system for paying extra wages for certain night work, or prohibiting night work for workers in workplaces where there is no economic necessity for night operations. Workers' night work cannot exceed seven and a half hours."”

Overtime on Night Shifts ÇHow does habituation occur?

By law, night work is permitted in certain jobs and workplaces, or in exceptional circumstances. A worker's work is considered night work if more than half of their working hours fall within the night period. Night shifts cannot exceed 7.5 hours, and overtime work is not permitted.

Night shifts exceeding 7.5 hours are frequently practiced in workplaces. In such cases, if an employee's night shift exceeds 7.5 hours, they are entitled to overtime pay. Therefore, even if the weekly working hours do not exceed 45 hours, overtime pay must be paid if night shifts exceed 7.5 hours.

Within the framework of the Omnibus Law No. 6645, the prohibition on working more than 7.5 hours (during night hours) has been lifted for workers in the tourism, healthcare, and private security sectors, provided that the employee states in writing that they consent to working overtime.

Night Shift Movertime pay Ne Kis?

 Overtime pay for each hour of extra work will be calculated by increasing the hourly rate of normal work by fifty percent.

Night ÇHow is habituation determined?

Work performed by an employee where more than half of their working hours fall within the night period is considered night work. Furthermore, Article 69 of the Labor Law No. 4857 defines "night" in working life as the period starting no later than 8:00 PM and ending no earlier than 6:00 AM, and in any case lasting a maximum of eleven hours. If more than half of an employee's working hours fall within this time period, the work will be considered night work. In this case, the portion exceeding 7.5 hours will be considered overtime, and overtime pay will be paid for this period.

Night ÇIndividuals who cannot be trained:

1. During the night shifts between 20:00 and 06:00, children and young workers under the age of 18 cannot be employed for night work.
2. Female employees cannot be forced to work night shifts from the time their pregnancy is confirmed by a medical report until childbirth.
3. New mothers are prohibited from working night shifts for one year following childbirth. After this period, they may not be employed in night shifts for any period where a medical report determines that it is detrimental to their health and safety.
4. Pregnant or breastfeeding employees cannot be made to work more than seven and a half hours a day.
5. There is no provision in the Labor Law prohibiting disabled workers from working night shifts. However, if a disabled worker has a medical board report indicating a condition that prevents them from working night shifts, they cannot be assigned to night shifts.

Relevant Supreme Court Decisions:

In its decision dated July 2, 2015, numbered 2015/17642 E, 2015/24006 K, the 9th Civil Chamber of the Court of Cassation ruled as follows:; 

“…Work in which more than half of the legally mandated daily working hours fall within the night period is considered night work. Article 69 of the Labor Law No. 4857 states that “In working life, “night” is the period starting at 20:00 at the latest and ending at 06:00 at the earliest, and in any case lasting a maximum of eleven hours.’ The relevant provision exists. Considering these provisions, since the plaintiff's 12-hour work period between 20:00 and 08:00 includes 10 hours between 20:00 and 06:00, meaning more than half of it is night work, the entire work period between 20:00 and 08:00 should be considered night work. Accordingly, the 1.5-hour break should be deducted from the 12-hour work period between 20:00 and 08:00, resulting in a daily actual work period of 10.5 hours, and the overtime exceeding the legal limit of 7.5 hours of night work should be determined as 10.5 - 7.5 = 3 hours per day. It is erroneous to base the judgment on the expert report which calculates the daily overtime period as 1.5 hours…’

The decision of the 7th Civil Chamber of the Court of Cassation dated July 1, 2013, numbered 2013/3898 E. and 2013/12354 K.in;

”Workers' night shifts cannot exceed 7.5 hours per day. This constitutes the limit for daily work, and therefore for overtime. Even if the legal weekly working limit of 45 hours is not exceeded in terms of night shifts, overtime pay must be paid for work exceeding seven and a half hours per day. Our court's decisions are also in this direction. In the specific case, the court ruled that the plaintiff was not entitled to overtime pay because his weekly working hours were below the limits due to working 20 days and taking 10 days off. However, the statements of the witnesses, who said, "One of the shifts started at 7 PM and ended at 7 AM," indicate that the plaintiff's working hours during the night shift exceeded the legal limit of 7.5 hours…“

Other works we have prepared within the scope of Labor Law;

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