Annual Leave Rights and Durations: Things to Know Under the Labor Law

Annual leave is an important right that allows workers to have the opportunity to rest and renew themselves during their working hours. Being informed about annual leave rights and durations under the Labor Law is of critical importance in order not to lose rights. Here are the basic points to know on this subject:

1. What is the Annual Leave Right?
Annual leave is a leave granted to workers to rest after working for a certain period of time within a year.
This leave may vary depending on the worker’s working period and type of employment contract.
2. Annual Leave Durations
Periods According to the Labor Law:
For workers who have worked for 1-5 years: 14 days
For workers who have worked for 5-15 years: 20 days
For workers who have worked for 15 years and above: 26 days
3. Calculation of Annual Leave Duration
Annual leave duration is calculated by taking into account the days the worker has actually worked.
For example, if an employee has not used 30 days of leave in a year, and the total annual leave period is determined as 14, 20 or 26 days, the employee can use this period in full.

4. Right to Use Leave
In order for employees to use their annual leave rights, they must meet with their employers and submit their leave requests in writing.
The employer cannot reject the leave request on the grounds of a reason; however, they have the right to suggest a specific date range in line with the needs of the workplace.

5. Failure to Use Leave Right
If the annual leave right is not used during the period the employee is working, it can be transferred to the next year. However, this situation is limited.
The leave days that the employee does not use must be used within the validity period of the leave. Otherwise, the employee may lose their rights.

6. Leave Fee
Employees are paid leave fee for the days they do not work during their annual leave period.
The leave fee is calculated according to the employee’s gross salary in the last 12 months. For example, a worker with a gross salary of 5,000 TL will receive 5,000 TL / 30 days x 14 days = 2,333 TL leave payment for 14 days of leave.

7. Termination and Leave Rights
When a worker leaves work, unused annual leave rights must be compensated. The employer must make payments for the remaining days, taking into account the leave days used by the worker.

For example, if a worker has worked for 1 year and has not used 10 days of leave, he/she can request compensation for these 10 days.

8. Important Points
The fact that annual leave periods are legally determined protects the rights of workers.
It is important for workers to be informed about their annual leave rights in order to avoid losing their rights.
Employers also have a legal obligation to observe the leave rights of their employees by taking into account labor laws.