Turkish Labor Law
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In the Communique, dated 3rd November 2017, SSI has announced that working days notification of employees who are subject to “actual service term increment” shall be limited to 26 days in a month.
As per Law No. 5510, Article 40, in order to evaluate the work under actual service term increment, it is obligatory for the insurance holder to actually work at the works stated together with the workplaces in this scope and to be exposed to the risks of the said works.
In this respect, vacation, paid and unpaid leaves, sick leave, periods spend on training and courses are not considered in the scope of above said article.
According to the announcement, the days worked in the scope of service term increment shall not exceed 26 days in a month. The other days such as weekends and paid leaves (non-worked but paid) shall be declared in different type of document in SSI platform, not exceeding 30 days in total.
Therefore, following paid and unpaid leaves shouldn’t be included in actual service term increment:
- Weekends, public and national holidays,
- Annual vacation,
- Leave of absence with pay “(ADDITIONAL ARTICLE 2 Employee shall be allowed to take; three days leave of absence with pay in the event of employee’s marriage or adoption of a child, or in the event of the death of the employee’s mother, father, spouse, brother or sister, and child; and five days leave of absence with pay in the event of employee’s spouse giving birth.”
- And the other paid leaves granted by employer’s discretion,
- All kinds of unpaid leaves.
