An employee who claims to have worked overtime and demands overtime pay from the employer bears the burden of proving this claim.
Turkey Employment and HR
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An employee who claims to have worked overtime and demands overtime pay from the employer bears the burden of proving this claim. At this point, the employee may rely on written evidence such as workplace records, documents indicating entry to and exit from the workplace, and internal workplace correspondence. However, if an employee is unable to prove the overtime work through such written evidence, the employee may also substantiate her/his claims through witness testimony. Nevertheless, the Court of Cassation applies certain criteria when evaluating witness statements.
First of all, it is emphasized that in order for the statements of the witness to be relied upon, the relevant witness should have firsthand knowledge based on personal observation. In a recent decision of the 9th Civil Chamber of the Court of Cassation1, the 9th Civil Chamber of the Court of Cassation expressed this point as: "The statements of witnesses who do not know and cannot know the working order at the workplace cannot be valued." Indeed, in order for the statements of the witness to be relied upon, the witness must have personally witnessed the working hours of the employee claiming overtime. For example, in cases of remote working, the courts should...
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