Exceeding work in the context of Labor Law number 4857

It is seen that the concept of working beyond normal is used in the doctrine as a meta-concept that includes both working overtime and overwork. Working beyond normal, that is, working overtime and overwork are concepts that we frequently encounter today and that are often confused with each other. While overwork is considered as work exceeding 45 hours per week, within the framework of the conditions written in our Labor Law No. 4857, in cases where the working time is determined by contracts below 45 hours, overtime will be mentioned for work performed above the contractual period but up to 45 hours. Nowadays increasing competition, overwork or overtime work in many sectors has started to come to the agenda. Such above-normal work may have some advantages or denominators for both the employee and the employer. It may be seen as an advantage for the worker to be able to receive free time and/or increased wages for his/her work in excess of the normal rate, with an increase not less than the legal rate. Especially if the option of increased wages is chosen, it can be said that workers may prefer overtime work considering its economic dimension. From the employer's point of view, it can be said that he has an economic advantage, since overworking workers allows him to increase production without hiring new workers. When overtime and overtime work are considered in terms of the worker, it is observed that in addition to the economic advantage of the worker, many rights of the worker are ignored in the background. In particular, the social rights, mental or physical health and rest periods of the worker participating in this study are one of the few important rights that remain in the background. In order to prevent such rights losses, it can be said that supervision of working hours within the framework of the law and imposing penal sanctions when deemed necessary can increase the sense of trust and willingness to work for the worker. In order to prevent the loss of rights, it will be important for the employer not to request that the work be done over the periods specified in the law and to act in accordance with the law in order to prevent the loss of rights. In this study, the concepts of working beyond normal in the Labor Law No. 4857, that is, overwork and overtime work are examined in the light of the Labor Law No. 4857 and other laws and relevant regulations, including historical development, determination of overtime, types of overtime work, prohibitions on overtime work, wages and free time for overtime work, and proof of overtime work. In the Labor Law No. 4857, some innovations in terms of working hours are discussed and tried to be explained. While this study was being carried out, it was trying to include many academic information, especially case law and Supreme Court decisions, by paying attention to being up to date.