As a rule, the employer must obtain the consent of the employee to work overtime. This issue is clearly stated in the Labor Law with the provision “The consent of the employee must be obtained for working overtime hours.” In practice, this approval is referred to as overtime approval form or overtime consent form. With the overtime approval form, the employee agrees to work overtime as determined by the employer.
Before 25.08.2017, the employer had to obtain an overtime consent form from the employee separately for each year. In its established jurisprudence, the Court of Cassation also looked at whether the employee’s consent to overtime work was obtained with separate petitions for each year. However, with the amendment published in the Official Gazette dated 25.08.2017, the issue of obtaining overtime consent separately each year has been abolished. With this legal regulation, the employer will now be able to obtain overtime approval for the entire working period at once with the employment contract. The obligation to have the employee sign an overtime approval form every year has been abolished.
Form
……….. I hereby accept and declare that I give my consent to work overtime on the specified day and time between the dates …./…/… – …/…/…/… in the workplace with the title ………….. at the address ……………, where I am currently working with the SSI Registration number, in order to carry out the work without interruption when the employer deems it necessary (on week holidays, official and religious holidays) and to receive my wage within the framework of the Labor Law No. 4857 in force in return for this work.
Name Surname
Signature