Stipulations regarding annual leave with pay are envisaged in Labor Law no 4857. The right to annual leave with pay should be used within the related schedule. The right to annual leave with pay cannot be waived. The employer is obliged to make sure that the right to annual leave with pay is executed. Upon the termination of employment contract, any annual leave remuneration due to but not yet drawn by an employee must be paid to him on the day of termination.
There are no delimitations regarding retrospective payment. Although there is 5 years of statutory limitation on annual leave payments, that limitation begins as of the date of the termination of the contract. A working employee’s right to annual leave cannot be abated on the grounds that they are not used.