Determination and proof of overtime work

Regulations regarding working hours contained in our labour law legislation are directly related to occupational health and safety. Some restrictions have been introduced by making regulations in the Labour Law regarding working hours. The examination of these restrictions imposed on working hours is important in terms of overtime work. Therefore, first of all, it is necessary to examine the regulations related to working hours and to determine the restrictions. The concept of overtime work is a concept that includes both overwork and extended working hours. In this thesis, regulations related to the concepts of overwork and extended working hours contained in the Labour Law No. 4857 were examined and some determinations were made in terms of these works. The criterion set out in the Labour Law for both overwork and extended working hours is the exceeding of the weekly working time. In the Labour Law, the weekly working time is set as a maximum of 45 hours and exceeding this period is considered as overwork. If the weekly working time is determined below 45 hours, the work that exceeds this determined time and up to 45 hours per week is called extended working hours. In this thesis, the weekly working time criterion introduced for overwork and extended working hours was examined. In addition, conditions of these works have been evaluated in the context of doctrine and Supreme Court decisions. It is also important that proof of these works is evaluated and explained on a legal basis. Therefore, how the proof will be in terms of overtime work has also been evaluated and some principles determined by the decisions of the Supreme Court on this issue have been explained. Keywords: Labour Law, Working Time, Overtime Work, Overwork, Proof of Overtime Work