The Constitutional Court's decision numbered 2019/1450 and dated 22 February 2022 was published in the Official Gazette dated 5 April 2022 and numbered 31800. With the decision, the link between overtime salary and property right was evaluated and a precedent was established on this matter.
In the dispute subject to the application, it was decided in the employment agreement that the employee accepted to work overtime within the legal limits, and the overtime salary was included in the employee's salary. Following the termination of the employment agreement, the employee claimed from the employer certain receivables along with unpaid overtime salary. The first instance court partially accepted the claims regarding overtime salary. The Regional Court of Appeals stated that it should be evaluated as to whether employers are required to obtain consent for overtime work every year and stated that the practice was to obtain consent each year until the legislation was amended on 25 August 2017. Therefore, the Regional Court of Appeals stated that unless the employees withdraw their consent, it will be accepted that the employees consented to work overtime; in this regard, overtime salary is included in the employee's salary and the employee would not be entitled to a separate overtime salary. The employee claimed that the employer did not pay the overtime salary and therefore his property right was violated.
Pursuant to the...
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