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The Supreme Court of Appeals ruled that employees who are managers or senior executives will not be paid overtime, constituting a precedent ruling over millions of people working in the private sector.
In explaining the reason for the decision, the higher court drew attention to the fact that managers do not deserve overtime pay because they set their own days and hours of work.
As of now, overtime can only be paid to senior executives if there is another manager or company partner instructing the responsible manager at the workplace.
COURT ACCEPTED JURISDICTION ENTERED
The young man, who worked as a marketing manager in a private company, was put at the door without any compensation or labor claim.
The marketing manager, who filed a lawsuit in Labor Court, demanded that he work with a salary and bonus system, and that the defendant be collected severance pay and notice and other labor claims.
The defendant company lawyer, for his part, defended the rejection of the unfair case. The court decided to accept the case partially.
When lawyers for both parties appealed the decision, the Ninth Legal Department of the Supreme Court of Appeals intervened.
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NO EXCESSIVE CHARGE FOR THE MANAGER
The 9th Law Office, which announced its decision recently, ruled that people who work as managers and managers in the private sector cannot be paid overtime.
In the resolution, where it was emphasized that the worker who claims to work overtime is obliged to prove this claim; “An employee who works in a senior management position in the workplace is not entitled to overtime wages if he is paid the wage required for his duties and responsibilities.
However, if there is another manager or partner of the company who gives duties and instructions to the employee, who is in the position of a senior manager, in the same place, it cannot be said that the employee determines the days and hours of work for himself, so the right arises to demand the payment of overtime for work that exceeds the legal restrictions.
In that case, it should also be investigated whether the director of the company or a member of the board of directors has been instructed to do overwork in terms of the senior manager.
If the senior manager, who works at the workplace for high pay, has not received clear instruction from the employer about overwork, it must be accepted that he will not be able to demand overtime pay due to the hours of work involved. determined at the time of properly fulfilling their duty.
In the plaintiff’s petition, the party’s witnesses who were heard within the scope of the record claiming that the plaintiff was the sales and marketing manager stated that the plaintiff was serving as a project and sales manager.
In the concrete dispute, it is necessary to make a decision according to the result by investigating whether there is another manager or partner of the company who works in the same place with the plaintiff and instructs the plaintiff, whether the employee has determined the days and hours of work himself, but it is wrong to make a decision with incomplete review.
Also, if it is determined that the plaintiff is not a senior manager after the investigation, the calculation must be made considering the testimony of the witnesses as valid, limited to the period in which they worked, while calculating the overtime wage.
It was unanimously decided to annul the appealed decision ”.(İHA)
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