Overtime, an essential part of working life, occurs when an employee exceeds the legally mandated weekly working hours. This often leads to disputes where the employee’s legal rights are violated, or they are not paid or are underpaid. Overtime practices are common, especially in cities like Antalya, which have a dynamic labor market, and in the tourism, agriculture, industry, and service sectors. However, to claim overtime, employees must prove their work, which is often a complex and challenging process.
In this article, we will examine in detail the methods of proof available to workers when claiming overtime pay, specifically in Antalya, in light of their legal basis and court decisions. Our goal is to provide guidance on the evidence workers can use to pursue their rights.
What is Overtime and Why is it Important?
According to Turkish Labor Law, overtime is defined in Article 41 of the Labor Law and related regulations. Accordingly, work exceeding 45 hours per week is considered overtime. Work exceeding the maximum daily working hours, even if it falls below 45 hours per week, is called “overtime work” and is compensated with additional pay similar to overtime. Overtime pay is paid by increasing the regular wage by fifty percent. For overtime work, this rate is set at twenty-five percent.
Overtime pay is compensation for an employee’s labor and is a significant component of their social and economic rights. Failure to pay this pay can result in financial losses and long-term demotivation. Therefore, it is crucial for employees to provide accurate and complete proof of their overtime pay to ensure their rights are secure.
Burden of Proof in Overtime Claim Cases
In overtime claims, the burden of proof generally rests with the worker making the claim. In other words, the worker must prove that they worked overtime and were not paid or were underpaid. However, there are some exceptions to this rule and presumptions developed by the Supreme Court of Appeals.
Given that employers are obligated to record working hours and overtime, incomplete or inaccurate records may partially shift the burden of proof or create a presumption in favor of the employee. If the employer claims the employee did not work overtime, they must refute this claim with concrete evidence.
Methods That Can Be Used to Prove Overtime Pay
Proving overtime pay is generally possible not with a single type of evidence, but rather by evaluating multiple pieces of evidence together. Here are the basic proof methods that can be used in Antalya and in labor law cases in general:
Written Documents and Records
Written evidence is the most powerful and primary form of evidence for proving overtime claims. Many documents employers are required to keep can prove that an employee worked overtime:
* Timesheet Records: Timesheets showing the employee’s entry and exit times, card reading records, and records kept by fingerprint readers or facial recognition systems are among the most important evidence.
* Payslips: Payslips generally indicate whether overtime payments have been made. However, payslips signed by the employee without any reservations can constitute strong evidence of overtime payment, according to Supreme Court precedents. Therefore, it is important to be careful when signing payslips and to annotate any missing payments.
* Workplace Entry-Exit Records: Security cameras, turnstile systems, or other electronic records can prove overtime by showing the time a worker spends at the workplace.
* Work Orders and Assignment Letters: Special assignments or written instructions given by the employer to the employee requiring him to work overtime can also be used as evidence.
* Digital Correspondence: Correspondence made via emails, internal messaging platforms (Slack, Microsoft Teams, etc.) or similar digital communication tools can provide important evidence that the worker worked outside of working hours or was asked to work overtime.
Witness Statements
Witness testimony plays a vital role in cases where written evidence is insufficient or nonexistent. In overtime claims cases, witness testimony is considered by the courts when supported by other evidence or deemed sufficient on its own.
* Who Can Be a Witness? Other workers who work together at the workplace, former co-workers, workplace neighbors, or third parties who know that the worker works overtime can be heard as witnesses.
* Strength of Witness Testimony: The court evaluates the witness’s credibility, whether they witnessed the incident directly, the consistency of their statements, and their compatibility with other evidence. Colleagues who worked at the same workplace during the same period and worked overtime under similar conditions can be particularly strong witnesses.
Bank Records and Account Transactions
In cases where overtime pay is paid through a bank, bank statements constitute significant evidence. Overtime payments can be determined by examining the composition of the wages deposited into the employee’s bank account (regular wage, overtime pay, bonus, etc.). Regular and specific payments provide stronger evidence.
Oath Evidence
In cases where other methods of proof are insufficient, the court may offer an oath to the parties. An oath is a last resort and is significant due to its legal implications. The party offering the oath may win or lose its case based on the testimony of the party who accepts or rejects the oath.
Expert Review and Expert Reports
The court may appoint an expert witness if the evidence presented is complex or requires technical expertise. The expert examines the submitted timesheets, payroll records, witness testimony, and other documents to calculate the employee’s overtime and the amount they are entitled to. Expert reports form an important basis for the court’s decision.
Comparable Wage Research and Presumption
Due to the nature of some occupations or jobs, overtime may be considered part of the normal flow of life. For example, there may be a strong presumption that overtime is being worked for security guards, drivers, or those working certain shift systems. In such cases, the Supreme Court of Appeals may recognize overtime as being due to the nature of the work, shifting the burden of proof to the employer or ruling in favor of the employee. Furthermore, official documents such as Social Security Institution (SGK) records and clock-in and clock-out times may also support these presumptions.
Social Media and Other Digital Evidence
In today’s digital age, courts can also consider digital evidence such as social media posts, location information, and audio or video recordings recorded with the employer or employee’s consent. However, such evidence must be obtained lawfully and have evidentiary value. For example, a photo or video posted by an employer showing employees working outside of working hours can be presented as evidence.
Joint Evaluation and Strengthening of Proof Methods
The key to success in overtime claims cases is often to combine different methods of proof to create a holistic picture, rather than relying on a single, strong piece of evidence. Supporting written records with witness testimony and augmenting digital evidence with payroll reviews strengthens the case. Each piece of evidence complements the others, creating a more robust chain of evidence. This helps the court understand the case more clearly and reach a fair decision.
The Importance of Getting Legal Support in Antalya
Overtime claims are complex processes requiring expertise in labor law. Gathering and evaluating evidence, formulating legal arguments, and presenting them in court require a professional approach. Especially in major cities like Antalya, seeking support from a law firm experienced in labor law litigation is crucial for ensuring an employee can effectively and effectively defend their rights. A qualified legal professional can help employees avoid loss of rights by explaining what evidence needs to be collected, how it should be presented, and guiding them through every stage of the legal process.
In conclusion, proving that a worker in Antalya is entitled to overtime is a process that requires meticulous evidence gathering and legal strategy. The best way for a worker to obtain the compensation they deserve is to evaluate all available resources, from written documents and witness testimony to bank records and digital evidence, and to conduct this process under the guidance of an experienced legal professional. It’s important to remember that every case has unique circumstances, and identifying and presenting evidence that meets these requirements directly impacts the outcome of the case.