ABSTRACT

In the Labor Law, the weekly working time is determined to be 45 hours, and the works exceeding 45 hours on a weekly basis are considered as overtime. According to law, the employee’s consent shall be required for overtime work. At the same time, Total overtime work shall not be more than two hundred seventy hours in a year. It is stated in the Labour Law that teh wages for each hour of overtime shall be remunerated at one and a half times the normal hourly rate. However, in practice, it is possible to encounter contract terms with labour contracts and workplace regulations that add overtime wages to the monthly wage. Accepting the monthly wage included overtime wage authorize the employer to have the employee do overtime without paying it. In this sense, the validity and inspection of the contract terms constitude an important problem. In this context, in our work, after explaining Supreme Court opinion, an evaluation will be made in the light of of the views on the subject in doctrine and the situation in German and Swiss law