Proof of Overtime Work: Witness Testimony and Legal Standards of Evidence

Türeli&Ceylan Law Firm 

Overtime wage claims are among the most common disputes in Turkish labor law. According to the Turkish Labour Code, the employee bears the burden of proof to demonstrate that overtime work was performed, whereas the employer must prove that either no overtime was worked or that the relevant compensation has been duly paid.

This article explains when and how overtime work may be proven, the admissibility and limitations of witness testimony, and the evidentiary standards applied by Turkish courts, particularly the Court of Cassation.

1. Legal Definition of Overtime and the Burden of Proof

Article 41 of the Turkish Labour Code No. 4857 defines overtime as:

“Overtime work refers to hours worked exceeding forty-five hours per week, under the conditions set forth in the law.”

When an employee claims overtime wages, they are required to prove the existence of such overtime work. Without sufficient evidence, the courts will dismiss the claim. At this stage, various forms of evidence—including witness statements, payslips, timecards, and workplace entry-exit logs—become essential.

2. Priority of Written Evidence: Payslips and Time Records

If the employee has signed payroll slips (bordros) which indicate payment for overtime and has not included any reservation or objection when signing, such payslips are binding and the employee cannot later claim otherwise.

However, if:

• The payslip is unsigned, or
• It does not reflect any overtime, or
• It was inaccurately prepared,

then the employee may rely on witness testimony as well as digital records (PDKS), internal communications, emails, or other supporting documents to substantiate the claim.

3. Witness Testimony: Admissibility and Criteria

Witness evidence becomes a key method of proof when written documents are insufficient. However, the courts require witnesses to meet certain standards:

• The witness must have worked at the same workplace and during the same period as the claimant.
• The witness must have direct personal knowledge of the employee’s working hours and schedule.
• Where the witness has a close personal relationship or conflict of interest, their testimony cannot solely establish the claim.

The Turkish Court of Cassation (Yargıtay) has consistently held that:

“Overtime claims relying solely on witness testimony from persons with personal bias or no firsthand knowledge must be corroborated by other evidence.”

For example, a witness from a neighboring workplace will not be accepted unless they have specific knowledge of the claimant’s working conditions.

4. Assessment of Evidence and Proof Standards

a) Is One Witness Enough?

Court of Cassation precedents affirm that a single witness is generally not sufficient. The court must consider:

• The number and credibility of witnesses,
• Documentary evidence such as payslips or digital entry logs,
• Whether other corroborative proof exists.

b) Judicial Scrutiny of Contradictory Testimony

If witness statements conflict, the court must analyze and explain the contradiction in its reasoning. Rulings based solely on such contradictory testimony may be overturned on appeal.

In such cases, the court should also appoint an expert (bilirkişi) to determine the employee’s work hours based on objective records.

5. Practical Considerations for Employees and Legal Counsel

Overtime wage claims require the employee to meet strict evidentiary standards. While witness testimony can be a valuable tool, it must satisfy objective legal criteria and be accompanied by additional supporting evidence when necessary.

Employers, on the other hand, must ensure that signed payroll records accurately reflect all payments and working hours, as any inconsistencies may shift the burden back onto them.

For both parties, expert legal counsel is essential in navigating the complexities of labour litigation and avoiding irreversible rights violations.

At Türeli&Ceylan Law Firm, we offer tailored legal representation in wage disputes, termination compensation, and all labour-related litigation and compliance matters.