Overtime, Salary and Social Security Rights for Foreign Workers

Overtime, salary and social security rights for foreign workersis determined not according to the citizenship of the employee, but according to the nature of the employment relationship and the labor legislation applied in Turkey. A foreign worker working for an employer with a valid work permit; can benefit from wages, overtime, weekends, social security and health rights. In connection with this topic Labor Law You can also review the content titled.

The most common problem in practice is that the wage written in the employment contract is different from the bank payment and SSI notification. In order for the employee's rights to be calculated correctly, contract, payroll, bank and SSI records must be compatible with each other.

Wage records must be compatible with each other

It may cause a dispute if the employer shows one wage in the work permit application, another wage in the payroll and a lower amount in the bank payment. The actual wage is determined by examining all records together when necessary. About the relevant aspect of the process Work Permit and Labor Law Process for Foreign Workers in Turkey There is detailed information on the page.

Salary Right of Foreign Employee

The wage of the foreign worker cannot be paid lower than the amount agreed in the employment contract. The wage should also not be below the applicable minimum wage and the wage criterion sought for the task in the evaluation of the work permit.

The contract must clearly state whether the wage is gross or net. After tax and social security deductions are made on the gross wage, the net wage is paid to the employee.

The employer must give the employee a slip of account for wage payment. In this document:

• The period to which the payment belongs,
• Gross and net wages,
• Overtime payments,
• Premiums and bonuses,
• Tax and insurance deductions,
• Advance or other legal deductions

must be shown separately.

Can the Wage Be Paid in Foreign Currency?

The salary of a foreign employee can be determined in foreign currency, provided that it complies with the current foreign currency contract regulations. In such a contract, it should be clearly stated which exchange rate and date will be taken as a basis.

If the fee is decided in foreign currency, it may be possible to pay in Turkish lira at the exchange rate on the payment day. The employer's unilateral determination of the exchange rate difference to the detriment of the employee or the conversion of the foreign exchange fee in the contract into a fixed amount of Turkish lira may create a dispute.

When Should the Salary Be Paid?

The fee must be paid once a month at the latest. A shorter payment period can be determined by the employment contract or collective bargaining agreement.

If the wage is not paid without force majeure after 20 days from the day of payment, the employee may refrain from fulfilling his obligation to work under the conditions in the law. Before exercising this right, the reason for the delay and the documents should be evaluated.

Continuous underpayment or late payment of the wage may also give the foreign employee the right to terminate the employment contract for just cause. If the conditions for justified termination have been met, the employee with at least one year of seniority can request severance pay.

When Does Overtime Start?

The general weekly working time is a maximum of 45 hours. In workplaces where there is no equalization application, work exceeding 45 hours per week is considered overtime.

For each hour of overtime, an increase of 50 percent of the normal hourly wage is paid. For example, if the normal hourly wage is 200 TL, the equivalent of overtime hours is 300 TL.

If the weekly working time is determined as 40 hours in the contract, work between 40 and 45 hours is considered "overtime". The normal hourly wage for these periods is paid by increasing it by 25 percent.

Can Leave Be Used Instead of Overtime?

If the employee wishes, he can use free time instead of increased overtime pay. One hour and 30 minutes of free time is given for each hour of overtime work, and one hour and 15 minutes of free time is given for each hour of overtime.

Free time must be used within six months, during working hours and without wage deduction. The employer should not unilaterally convert overtime pay into leave without the employee's request.

The employee's approval must be obtained for overtime work and the total overtime working time should not exceed 270 hours per year as a rule.

How to Prove Overtime?

The foreign worker who claims to have worked overtime must preserve the evidence showing the working hours. Especially in international companies, meetings and correspondence outside of working hours can be important due to the time difference with the head country. Labor Law Rights of Foreign Personnel Working in International Companies its content explains other legal points related to this stage.

The records that can be used in proof are as follows:

• Workplace entry and exit records,
• Shift schedules,
• E-mail and message times,
• Online meeting recordings,
• Computer or system login records,
• Duty and travel instructions,
• Witnesses who know the working order.

The presence of overtime accrual on the payroll does not mean that all receivables have been paid in all cases. If there is a difference between the hours on the payroll and the actual work, additional receivables can be requested.

Does a Foreign Employee Have to Have SSI?

Foreigners working in Turkey under an employer generally need to be registered for social security. After the work permit, the employer must fulfill the foreigner's insured employment procedures and premium notifications within the legal periods.

SSI premiums should be reported not only on the minimum wage, but also on the employee's real earnings subject to premium. Reporting low premiums by paying a part of the wage from the bank and the remaining part by hand may reduce the employee's retirement and social security rights.

Social security registration can provide the following rights to the foreign employee according to its conditions:

• Benefiting from health services,
• Sickness and maternity allowances,
• Occupational accident and occupational disease insurance,
• Disability, old age and death insurance rights,
• Unemployment allowance if there are conditions.

SSI for Temporary Assignments from Abroad

The foreign employee may have been temporarily sent to Turkey by his employer abroad. If there is a social security agreement between Turkey and the country where the employee is insured, the legislation of the country to which the legislation will be applied is determined according to the relevant contract.

An employee with an appropriate temporary assignment document may be exempted from some social security obligations in Turkey for the period specified in the contract. However, this exemption does not automatically eliminate the requirement for a work permit or work permit exemption.

Social security contracts can also ensure that the insurance periods in different countries are combined with certain conditions and that duplicate premiums are prevented.

What Can Be Done If SSI Premium Is Underpaid?

The foreign employee should check the service breakdown via e-Government and examine the reported day and premium earnings. If working days or pay appear to be missing, written corrections can be requested from the employer.

If no correction is made, it is possible to notify or complain to the SSI. For uninsured work, a service determination lawsuit may come to the fore according to the conditions.

The absence of a work permit does not automatically allow the employer to leave actual work unpaid or to ignore social security obligations. However, unauthorized work may also result in administrative and immigration law sanctions.

Application if Wage and Overtime Are Not Paid

The employee must first collect the employment contract, work permit document, bank records, payrolls, SSI statement and documents showing working hours.

For salary and overtime receivables, it is necessary to apply to a mandatory mediator before filing a lawsuit in the labor court. If an agreement cannot be reached, a lawsuit can be filed in the labor court.

The general statute of limitations for wage and overtime receivables is five years. It is important not to delay the application as the period runs separately for each payment period.

Frequently Asked Questions

Can a foreign worker be paid lower than a Turkish worker?

Applying a lower wage without justification just because he/she is a foreigner may cause a discrimination dispute. Objective differences such as duty, seniority and performance are evaluated separately.

How to pay for work over 45 hours per week?

For each hour, an increase of 50 percent of the normal hourly wage is paid.

Can overtime be included in the salary in the contract?

Such a provision in the contract does not cover unlimited overtime. The level of wages, the annual limit of 270 hours and actual work are also evaluated.

What happens if the SSI premium is paid on low wages?

Retirement, temporary incapacity and other social security rights may be adversely affected. SSI and judicial remedies can be applied for the correction of the actual wage. Also Work Accident Rights of Foreign Nationals in Turkey should be evaluated together with the concrete case.

Is insurance abroad valid in Turkey?

If there is a social security agreement between Turkey and the relevant country and the necessary assignment documents are obtained, the previous insurance system can be applied temporarily.

Can a foreign worker who leaves Turkey claim his receivables?

Yes. With the appropriate power of attorney, mediation and litigation proceedings can be followed through a lawyer in Turkey.

Legal information: This content has been prepared for general information purposes. Wages, overtime and social security rights; It should be evaluated separately according to the contract, working order, insurance status and the social security agreement made by Turkey with the relevant country.