Yargıtay sets precedent for 24-hour shift overtime calculations

The Turkish Court of Cassation (Yargıtay) has issued a precedent-setting ruling regarding overtime calculations for employees working 24-hour shifts. The decision stems from a lawsuit filed by an ambulance driver at a private hospital who resigned due to unpaid overtime and sought severance pay, annual leave, and holiday wages.

While the employer argued the contract was terminated for cause due to traffic accidents and unexcused absences, the courts found the employee's resignation justified due to unpaid wages. The Regional Court of Justice previously noted that the driver operated on a 24-hour work/24-hour rest cycle, which resulted in insufficient rest periods.

In its final assessment, the 9th Civil Chamber of the Court of Cassation ruled that a full 24-hour period cannot be classified as actual working time, as employees require time for sleep and other essential needs. According to the established practice of the Chamber, the actual working time in a 24-hour shift is capped at a maximum of 14 hours. Consequently, any duration exceeding the daily 11-hour limit—specifically the 3-hour difference—must be calculated as overtime.