Overtime work under the labor law no 4857

According to the Labor Law No. 4857 and the Overtime Working Regulation, "Overtime work is work exceeding 45 hours per week within the framework of the conditions written in the labor law". In order to protect the health and safety of employees, some restrictions have been imposed on working hours in the Labor Law No. 4857, articles 41-43, Turkish Code of Obligations articles 398 and 402, and the Regulation on Overtime Work and Overtime Working on the Labor Law. However, in practice, it is seen that the working hours specified in the legislation or determined by the contracts are exceeded and the employee does not receive compensation for his overtime work. Therefore, employees have to demand compensation for their overtime work through lawsuits. In this context, employees have to prove in front of the court that they have worked overtime or that these works have not been rewarded. In our study, the concept of overwork and in case these works are carried out and the employees do not receive their compensation, the proof tools are included and the proof value of these tools and the views in the doctrine are evaluated within the scope of the criteria adopted by the Court of Cassation.