Term of employment is designated as maximum 45 hours a week. Overwork (overtime) begins when 45 hours of terms of working time is exceeded. Working extra hours (excessive work) is determined as the hours that are up 45 hours a week in the event that working hours are designated below 45 hours under an agreement. Overtime total shall not be more than 270
hours a year. According to the Article 41/2 of the Labor Law, wage for each 1 hour of overtime is calculated by adding 50% of the normal wage for each hour to such overtime.
Calculation of overtime does not differ in the event that such overtime is either performed in the evenings or on Saturdays. Completion of 45 hours of working time shall be examined and an increase of 25% shall be applied to a normal hour if such time is not exceeded and an increase of 50% shall be applied to a normal hour if exceeded.
In case the worker has completed 45 hours of weekly term of work before holiday and performed such work at the holiday of the week, a 50% increase shall be applied to a normal working hour wage for each hour of overtime. In the event that weekly working term of work is designated less than 45 hours, an increase of 25% shall be applied to a normal working hour wage for each hour of excessive work since the work performed until 45 hours is considered as excessive work and such work exceeds average weekly term of work.
Even though there is no determination in the Law on whether to calculate the overtime on gross or net wage, all wages designated in the Law is determined on gross wage. However, overtime is calculated on net wage in transactions performed by Execution Offices according to Supreme Court practice.
It should also be stated that; since it is statutory (Article 63/1 of the Labor Law) to grant a worker a straight holiday of 24 hours in a week, the wage calculated for one week is actually the consideration of 6 days of work.
If 45 hours of work is designated, working hours for one day is 7,5 hours. In order to calculate overtime wage, daily net wage shall be determined by dividing the monthly wage to 30 and the hourly wage shall be determined by dividing such daily wage to 7,5. Then, 50% of an increase shall be applied to such overtime and the result is determined as the hourly wage of time of work.
Furthermore, in line with the Article 69 of the Labor Law, night work shall begin earlier than 20:00 and end earlier than 06:00 and such work shall not exceed 11 hours in any case. Night work of workers shall not exceed 7,5 hours.
In brief, maximum weekly working hours is 45 hours. Unless otherwise agreed, working hours are equally divided into working days of the week. Daily working hours shall not exceed 11 hours.
1 komentar:
According to me, maximum limit of work hours is important to be determined. Because in my opinion, excessive work is not good for work and health workers. I agree if overtime total shall not be more than 45 hours a week. I think 5 hours per day is ideal time to overtime work, because it don’t make workers over tired. But as we know if overtime work still seize the time of workers. They also can lost their holiday and lost their time to do the other activity. Maybe they lost their time to hang out with their family too. So I also quite agree if each 1 hour of overtime is calculated by adding 50% of the normal wage for each hour to such overtime, because in my opinion this is in order to balance the worker losses with their company profit after they do their overtime work. From read this article, we become know if the overtime at night shall begin earlier than 20:00 and end earlier than 06:00. But I think it is too long. In my mind, overtime work shall end earlier than 03.00, so worker has more left time in the morning and can be used to take a rest.
Vivi Dyan Rurianti (115060701111060)
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