Court rules after-hours WhatsApp messages qualify for overtime pay

The İstanbul Regional Court of Justice ruled that digital instructions and WhatsApp messages sent by employers outside of working hours can be considered overtime work under certain conditions.

In a ruling delivered last month, the court examined work orders sent to employees via WhatsApp after the end of working hours and concluded that digital correspondence outside of working hours must be included in working time and ordered overtime pay for the employee.

The court based its decision on specific criteria regarding overtime work. These included messages carrying direct work orders and instructions, continuous correspondence pressure placed on the employee, and systematic assignments made after working hours.

Digital records have increasingly become the subject of lawsuits in labor courts since the pandemic, as remote work has become more common. 

According to the provisions of Labor Law No. 4857, all work exceeding 45 hours per week is considered overtime. The hourly wage for overtime work must be paid at a rate 50 percent higher than the regular hourly wage. (VK)