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ANNUAL LEAVE FEE WILL RECEIVE

Annual leave is a right that is paid in advance for a worker who works for a year.

Annual Paid Leave and Leave Periods Determined in the Law;

Labor Law Article 53 – Employees who have worked at the workplace for at least one year from the day they started to work, including the trial period, are given annual paid leave.

The right to annual paid leave cannot be waived.

The provisions of this Law regarding annual paid leave do not apply to those working in seasonal or campaign jobs lasting less than one year due to their qualifications.

 

The annual paid leave period to be given to the workers, the length of service;

  1. a) From one to five years (including five years) from fourteen days,
  2. b)Twenty days for those who have more than five years and less than fifteen years,
  3. c) Twenty-six days for those who have fifteen years (including) and more,

It can’t be less.

Annual paid leave periods of workers working in underground works are increased by four days.

However, the annual paid leave period to be given to workers aged eighteen and younger and workers aged fifty and over cannot be less than twenty days.

Annual leave periods can be increased with employment contracts and collective bargaining agreements.

As can be seen from the provision of the law, the employee with at least 1 year of seniority has the right to annual paid leave for each year according to his seniority, and it is obligatory for the employer to use this right to the employee.

Annual leave becomes due upon termination of employment contract. Annual leave is a legal right and it does not matter whether the employment contract is terminated rightly or unjustly in order to claim annual leave.

When annual leave rights are not used, there is no such thing as the expiration of that year’s annual leave right. Unused annual leave periods continue to accumulate and these leaves must be used by the employer until the contractual relationship ends. Otherwise, when the contractual relationship is terminated, all unused annual leave periods turn into receivables and the employer has the right to demand this annual leave from the employer.

The annual leave is evaluated in terms of statute of limitations as of the date of termination, not on a periodic basis like receivables.

TIMEOUT WHEN RECEIVING ANNUAL LEAVE FEE

In employment contracts that expire before 01.07.2012, annual leave receivables are subject to a 5-year statute of limitations. For employment contracts ending between 01.07.2012 and 25.10.2017, annual leave wages are subject to a 10-year statute of limitations. With the Law No. 7036, in employment contracts ending as of 25.10.2017, annual leave fees are subject to a 5-year statute of limitations.

Stj. Av. Rumeysa Özge Uzkan

TO CONTACT NOW: 0 541 485 92 48