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According to Labor Law numbered 4857, wages for extra work and working extra durations

2025
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Advisor: Dr. Öğr. Üyesi Başak Güneş

Abstract (EN)

Extra work, According to Labor Law no. 4857 art. 41/1, "extra work is exceeding forty-five hours per week within the frame of the conditions written in the law". Working extra durations is a concept that entered our working lives with Labor Law no. 4857 art. 41/3. In the above paragraph the concept is stipulated as follows: "In cases where the weekly working hours are determined by contracts to be less than forty-five hours, work that exceeds the average weekly working hours applied within the above-mentioned principles and is carried out up to forty- five hours is considered extra work. It should be noted that, the employer increases his/her prodution at the workplace with extra work. In addition, the employee earns additional wages by working extra. Accordingly, extra work seems to be beneficial for both parties. However, the labor item that causes the most disputes between the employee and the employer is extra work in practice. The reason for this is that the employer either does not pay the employee's wages at all or underpays them for extra work. Therefore, the employees try to collect the receivable from the employer through litigation. At this point, it was necessary to mention determining employee's working extra durations and calculating their wages. In this study, along with general informations about the concept extra work and working extra durations, the issues of proof of extra, work working extra durations and wage calculation were examined by taking into Current Law, Regulation By-Law, Doctrine opinions and Supreme Court Practice law.

Author

Dr. Nur Banu Temur Aydın

How to Cite

Nur Banu Temur Aydın (Master Thesis). According to Labor Law numbered 4857, wages for extra work and working extra durations, 2025, Altınbaş University.

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