Supreme Court ruling on break times affects millions of employees

The 9th Civil Chamber of the Court of Cassation has issued a notable ruling regarding how rest breaks should be reflected in overtime calculations during long working hours. The high court ruled that for employees whose daily working hours reach 13 hours or more, the rest break period must be considered at least 2 hours.

According to the report in Habertürk, the decision is of a nature that could directly affect calculations made in cases involving labor claims and overtime pay. This is because courts, when calculating overtime, deduct the rest break period from the total time the employee spent at the workplace; if the remaining time exceeds the weekly legal working limit of 45 hours, the overtime pay is determined based on this difference.

REST BREAK PERIODS IN THE LAW

According to Article 68 of Labor Law No. 4857, the minimum rest break periods that must be granted to employees vary according to the duration of work. Accordingly, a rest break of at least 15 minutes must be given for work lasting 4 hours or less, at least half an hour for work lasting more than 4 hours and up to 7.5 hours, and at least 1 hour for work lasting more than 7.5 hours.

These periods are applied as the legal minimum limit. It is not possible for the employer to provide shorter breaks; however, it is possible to provide longer rest breaks depending on the nature of the work and the work schedule. Rest break periods are not counted as working time.

In accordance with Article 63 of the Labor Law, the daily working time cannot exceed 11 hours as a rule. In the Court of Cassation's previous practices, at least 1 hour of rest break was taken as a basis for work between 7.5 and 11 hours, and at least 1.5 hours for work exceeding 11 hours.

In the decision of the 9th Civil Chamber of the Court of Cassation dated February 11, 2026, with case number 2026/552 and decision number 2026/1099, the criteria regarding long working hours were re-evaluated. The Chamber overturned the local court's decision in a case filed by an employee, finding the overtime calculation to be erroneous.

The local court had made calculations by deducting 1 hour for 12 hours of work between 08.00-20.00, and 1.5 hours for work between 08.00-21.00 and 08.00-22.00. The Court of Cassation, however, stated that the rest break should be considered 1.5 hours for 12 hours of work, and at least 2 hours for 13 and 14 hours of work.

The high court also pointed to the requirement of concrete evidence for claims that an employee worked throughout the entire shift without taking any breaks. According to the established approach of the Court of Cassation, the claim that work was performed without any breaks for meals, tea, or personal needs is considered contrary to the ordinary flow of life; claims in this direction must be proven with definitive and concrete evidence.

News Source: 12punto