Istanbul Regional Court of Justice 31st Civil Chamber decided that WhatsApp messages sent to employees by their managers outside working hours will be considered within the scope of working hours. With this decision, it was adopted that the duties assigned to employees via digital communication tools should be included in the overtime calculation. In the court’s decision, it was stated that work orders sent to employees via WhatsApp outside working hours should be considered as overtime.
In the decision, it was stated that sending messages in the nature of work orders outside of working hours and creating constant communication pressure on the employee were the determining factors. 50 PERCENT MORE PAYMENT IS MADE FOR OVERTIME Recently, WhatsApp messages have been a frequent topic of discussion between employees and employers; It was stated that Teams tasks, e-mail messages and system entry-exit records can also be considered within the scope of overtime.
Experts stated that the employer’s constant instructions to employees, their expectation of return outside working hours and the obligation to be constantly accessible strengthen the overtime claims. According to the Labor Law No. 4857, work exceeding 45 hours per week is considered overtime. Overtime must be paid at 50 percent more than the normal hourly wage. REMOTE WORKING WARNING FROM EXPERTS On the other hand, the issue of when work ends in the remote working model continues to be one of the most discussed topics.
Within the scope of the “right to disconnect” implemented in some countries in Europe, the obligation of employees to respond to work messages and calls outside working hours is limited. Experts emphasized that a similar practice should be implemented in Turkey.
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