Employees are entitled to 14 working days in their first five years, 20 working days for those working from five to ten years, and 26 working days for those working for more than 15 years. If employees are younger than 18 or older than 50, they are entitled to at least 20 working days of annual leave. The important point here is that the annual leave is used on the working day. If a workplace is working for 5 days and taking a vacation for 2 days, the employee should be given annual leave, 5 days in the first week, 5 days in the next week, and 4 days in the following week. First of all, it is useful to say that the annual leave is given to the employee on the date desired by the employer due to the employer’s right to manage. The worker cannot terminate the employment contract with just cause, because the employer does not allow me to exercise my annual leave right. The Court of Cassation considers this termination to be terminated with just cause, if the employee makes a written application to the employer, but declares that the employer does not use his annual leave right. The use of annual leave fee can only be proved by the employer with a written document.
The request forms alone do not prove that the annual leave fee has been used. While the trial continues, the judge calls the worker who claims that he has not used his annual leave wage for more than 5 years. This situation falls within the scope of the judge’s obligation to enlighten the case and is a new practice. Annual leave fees paid while the employment contract continues will not be deducted anywhere. The reason for this is that the Court of Cassation is of the opinion that the annual leave is not used while the employment contract is in progress, and the payment of the money is a result of the purchase of a constitutional right. Annual leave fee will be due upon termination. For this reason, “time-out” objections made by employers are not heard.
