Overtime for journalists in Turkey works differently from the single-rate system of the general Labour Act No. 4857. Additional Article 1 of the Act on the Regulation of Relations Between Employees and Employers in the Press Profession No. 5953 (the "Press Labour Act") defines two separate premium rates: 50% for ordinary overtime, and double for hours falling after 24:00. At newspapers that go to press overnight and at news sites operating around the clock, failing to draw this distinction amounts directly to underpayment — and the sanction is severe.

Who Does It Apply To?

Additional Article 1 draws its scope as follows: among those falling within the definition of a journalist in Article 1 of Act No. 5953, "those who, by the nature of their services, work continuously (müstemirren) in places such as the undertaking, the printing house, the administrative office and the bureau". In other words, journalists working in these places on a continuous basis are subject to this regime.

Because Article 1 of the Act was amended in 2022 by Act No. 7418, internet news sites now fall within the scope as well. An editor, reporter or sub-editor at a news site therefore also benefits from these provisions.

When Does Overtime Arise?

The first paragraph of the article fixes the working day: "the daily period of work is eight hours in both the night and the day shifts." The second paragraph then defines overtime — there are three separate situations:

  • The period of work in the day or night shift being extended beyond eight hours
  • Working on national holidays and public holidays
  • Working on the weekly rest day

The Two Premium Rates

SituationStatutory wordingMultiplier
Ordinary overtime"is the normal hourly wage plus 50%"hourly rate × 1.50
Hours falling after 24:00"the wage is paid with an addition of one times that amount"hourly rate × 2.00

The phrase "with an addition of one times that amount" (bir misli fazlasıyla) means an addition equal to the hourly rate itself; that is, the total payment is twice the normal hourly rate. In a three-hour stretch of overtime beginning at 23:00 and ending at 02:00, the first hour is paid with the 50% premium and the two hours after 24:00 are paid at double. Applying a single rate is underpayment.

Rounding and the Daily Cap

The rounding rule in the article is clear: "In calculating overtime hours, periods of less than half an hour count as half an hour, and periods longer than that count as one hour."

text
ROUNDING EXAMPLES

  2 hours 15 minutes  →  15 min < 30 min  →  2.5 hours
  2 hours 45 minutes  →  45 min > 30 min  →  3.0 hours
  1 hour  05 minutes  →  05 min < 30 min  →  1.5 hours
  0 hours 40 minutes  →  40 min > 30 min  →  1.0 hour

The rule applies to the FRACTIONAL part of the period.

How Is the Hourly Rate Found?

Care is needed here. Act No. 5953 fixes the working day at eight hours and establishes the weekly rest regime in Article 19, but it does not specify a divisor for converting the monthly salary into an hourly rate. For that reason, the soundest course is to agree the divisor expressly in the contract.

text
HOURLY RATE

  Hourly rate = monthly gross salary / monthly normal working hours

The Act fixes the working day at 8 hours (Additional Art. 1) and
provides for 1 rest day following 6 days of work (Art. 19). What the
monthly divisor is to be IS NOT WRITTEN in the Act — it should be
settled in the contract, or else be subject to legal assessment on
the facts of the particular case.

In the examples below the hourly rate is GIVEN DIRECTLY, for the
sake of clarity.

Worked Examples

Example 1 — Daytime overtime

text
Hourly rate            : 250 TRY
Overtime during the month : 20 hours (all before 24:00)

Unit rate = 250 × 1.50 = 375 TRY
TOTAL     = 20 × 375   = 7,500 TRY

Example 2 — A press night running past midnight

text
Hourly rate : 250 TRY
Work        : 23:00 - 02:00, 3 hours of overtime

23:00 - 24:00 →  1 hour  × (250 × 1.50) =   375 TRY
24:00 - 02:00 →  2 hours × (250 × 2.00) = 1,000 TRY
                                          ---------
TOTAL                                      1,375 TRY

Had you paid all of it at 50%: 3 × 375 = 1,125 TRY
UNDERPAYMENT: 250 TRY (for a single night)

Example 3 — A mixed month

text
Hourly rate : 300 TRY

Ordinary overtime          : 18 hours
After 24:00 at night       : 10 hours
Work on weekly rest days   :  8 hours  (spread over different weekly rest days, daytime)

18 hours × (300 × 1.50) =  8,100 TRY
10 hours × (300 × 2.00) =  6,000 TRY
 8 hours × (300 × 1.50) =  3,600 TRY
                          ----------
TOTAL                      17,700 TRY

Work on the weekly rest day counts as overtime under
Additional Art. 1; as it falls in daytime hours, the 50%
premium applies. Because of the three-hour daily overtime
cap these hours cannot be fitted into a single day; in the
example they are spread over different weekly rest days.

Time of Payment

Additional Article 1: "It is mandatory that the wage for overtime work be paid together with the following payment of wages." In other words, overtime pay must be paid together with the next salary payment; it cannot be deferred to the end of the year.

Article 15 further provides that separate payment is made for work assigned outside the contract and for pieces commissioned or accepted for publication, and that payment of social security contributions on these additional payments is mandatory. Overtime pay and payment for work outside the contract are distinct items.

If It Goes Unpaid: A Fivefold Fine

Administrative fines are imposed under Article 30 by the regional director of the Ministry of Labour and Social Security. Article 24 governs the powers of inspection and supervision. The courts with jurisdiction over disputes are, under Additional Article 4, the labour courts.

In addition, Article 25 provides that the obligations imposed by the Act may not be used as a ground for lowering journalists' salaries and other entitlements; a breach is separately punishable under Article 30.

Record-Keeping: The Key to Proof

Most overtime disputes turn not on the amount but on proving the hours. The records that work in practice at news organisations are these:

  • The publication and editing timestamps of the content management system — Article 4 of Press Law No. 5187 already requires internet news sites to display the date of first publication and of any update on the content itself
  • Production records showing press times and page-closing times
  • Entry and exit records and duty rosters
  • Issuing overtime instructions in writing and archiving them
  • Showing overtime on the payslip as a separate item, distinguishing the 50% rate from the double rate

A single payslip line reading "overtime" does not show that the night-time hours were paid at the correct rate. Carrying the distinction through to the payslip is in the employer's interest, both for compliance and for proof. For your publication's other obligations, see the news website legal compliance checklist; for entitlements on termination, see calculating severance and notice pay.

Other Working-Time Rights

Neighbouring rights often overlooked when overtime is being calculated: under Article 19, one paid rest day following six days of actual work is mandatory, and in work requiring continuous night duty the weekly rest is two days. Under Article 21, paid annual leave is four weeks at a daily periodical and six weeks for those with more than ten years' seniority in the profession, and the right to leave cannot be waived.