Annual leave
As workers begin to make plans for their annual leaves, I have received questions from employees about paid leave and Turkish law, including: “What are the regulations about annual paid leave in Turkish law?” “Do I have the right to an annual leave?” “Should I use my annual leave immediately?” and “Can I be paid extra instead of taking annual leave?” Today I will address some of those questions and how they pertain to Turkish Labor Law.
How is annual leave calculated?
According to Law No.4857, employees who have worked for at least one year are entitled to an annual paid leave, or “annual leave.” The durations of annual leaves are determined according to the seniority of the employee, but may not be less than:
14 days for employees with 1 to 5 years
20 days for employees with 5 to 15 years on the job
26 days for employees with more than 15 years on the job
Paid annual vacation may not be less than 20 days for employees under the age of 18 or over the age of 50. These periods may be increased under employment contracts.
How is annual leave used?
Paid annual leave may not be divided by the employer. The leave must be granted without interruption. However, leave periods can, by mutual consent, be divided into a maximum of three parts, provided that one of the segments is not be less than 10 days. Other kinds of leave, with or without pay, granted by the employer during the year or taken by the employee as convalescent or sick leave must not be deducted from annual leave.
National holidays, weekly rest days and public holidays that coincide with the duration of annual leave may not be included in the annual leave period.
How are wages paid for annual leave?
An employer must pay employees using their annual leave the salary corresponding to their leave period either as a lump sum or as an advance payment prior to the beginning of the leave. If the employee has been granted a pay raise within the previous year, the annual leave remuneration shall be computed by dividing the total wages earned between the date of the month in which the leave is used and the date on which the pay raise became effective by the number of days worked within that period.
Can employees work during their annual leave?
Employees cannot work during their annual leave. If employees are found to have accepted gainful employment during their annual leave, they may be asked by their employer to reimburse the annual leave remuneration already.
What happens to annual leave wages in the event of termination?
Any annual leave remuneration due to, but not yet claimed by employee must be paid to them, or persons entitled on their behalf, upon the termination of and employment contract for any reason, at the wage rate prevailing on the date of termination.
Statutory limitations on such wages that have become due begin as of the date of the termination of the employment contract.
If the employment contract has been terminated by the employer, the terms of notice prescribed in Article 17 and the leave of absence to be granted according to Article 27 for seeking new employment must not overlap with the annual leave period.
Send your questions to [email protected]
How is annual leave calculated?
According to Law No.4857, employees who have worked for at least one year are entitled to an annual paid leave, or “annual leave.” The durations of annual leaves are determined according to the seniority of the employee, but may not be less than:
14 days for employees with 1 to 5 years
20 days for employees with 5 to 15 years on the job
26 days for employees with more than 15 years on the job
Paid annual vacation may not be less than 20 days for employees under the age of 18 or over the age of 50. These periods may be increased under employment contracts.
How is annual leave used?
Paid annual leave may not be divided by the employer. The leave must be granted without interruption. However, leave periods can, by mutual consent, be divided into a maximum of three parts, provided that one of the segments is not be less than 10 days. Other kinds of leave, with or without pay, granted by the employer during the year or taken by the employee as convalescent or sick leave must not be deducted from annual leave.
National holidays, weekly rest days and public holidays that coincide with the duration of annual leave may not be included in the annual leave period.
How are wages paid for annual leave?
An employer must pay employees using their annual leave the salary corresponding to their leave period either as a lump sum or as an advance payment prior to the beginning of the leave. If the employee has been granted a pay raise within the previous year, the annual leave remuneration shall be computed by dividing the total wages earned between the date of the month in which the leave is used and the date on which the pay raise became effective by the number of days worked within that period.
Can employees work during their annual leave?
Employees cannot work during their annual leave. If employees are found to have accepted gainful employment during their annual leave, they may be asked by their employer to reimburse the annual leave remuneration already.
What happens to annual leave wages in the event of termination?
Any annual leave remuneration due to, but not yet claimed by employee must be paid to them, or persons entitled on their behalf, upon the termination of and employment contract for any reason, at the wage rate prevailing on the date of termination.
Statutory limitations on such wages that have become due begin as of the date of the termination of the employment contract.
If the employment contract has been terminated by the employer, the terms of notice prescribed in Article 17 and the leave of absence to be granted according to Article 27 for seeking new employment must not overlap with the annual leave period.
Send your questions to [email protected]
