Can Overtime Pay Be Claimed Retroactively?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
A right to remuneration may arise in return for work performed by the employee exceeding the weekly working hours. However, the calculation of overtime pay and claiming it retroactively depend on elements such as the working arrangement, employment contract, payroll slips, evidence, and the statute of limitations.
Attorney Gizem Gonce stated that overtime pay can be a subject of dispute not only upon leaving employment but also while the employment relationship continues, noting, “The crucial point is that it can be demonstrated that the overtime was actually performed and that the remuneration for it was not paid.”
In which circumstance does overtime arise?
Under Labour Law No. 4857, the general weekly working time is, as a rule, 45 hours. Work performed by the employee exceeding this period, without prejudice to the statutory exceptions and provisions regarding the working arrangement, is evaluated as overtime work.
It is principal that the overtime pay is paid by increasing the normal hourly wage by 50 percent for each hour. If the weekly working time is set below 45 hours by contract, work between the contractual period and 45 hours may, under certain conditions, be calculated at a different rate as “work at extra hours”.
The employee merely stating that they performed overtime work may not always be sufficient on its own. Workplace attendance records, entry-exit data, shift schedules, employer correspondence, payroll slips, and witness statements may be evaluated together.
For how many years retroactively can overtime pay be claimed?
The general limitation period with respect to overtime wages is five years. Therefore, when making a retroactive claim, the date on which each receivable became due and the calculation of the limitation period must be taken into account. Since the assessment regarding the statute of limitations may vary depending on the nature of the dispute, it is important to conduct a case-by-case examination.
What happens if the employer shows overtime on the payroll?
Payroll slips and bank records are significant pieces of evidence. In the event that the employee asserts that although overtime wages were accrued on the payroll, payment was not made, or the hours actually worked were underreported, the signature status, reservation note, bank payments, and other evidence are evaluated together. The effect of the payroll may vary depending on the concrete case.
How can the employee claim their receivable?
First of all, working hours and unpaid periods must be determined; payroll slips, shift schedules, messages, and bank records must be preserved. Before filing a lawsuit for an overtime wage claim, mandatory mediation must be applied for. If an agreement cannot be reached in mediation, filing a lawsuit in the labour court may come onto the agenda for the collection of the claim.
Attorney Gizem Gonce stated: “Employees should substantiate the periods and hours during which they worked overtime with concrete records as far as possible. They do not have to wait until leaving employment; however, the scope of the claim, the evidence, and the statute of limitations must strictly be evaluated together.”