Turkish Labor Law
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We have, as we do every year, already refreshed our readers’ and customers’ knowledge on the “annual leave” which becomes the most important issue in labor relations during the holiday season of summer. Our write-offs and marketing bulletins contains the general information on annual leave can be reached from the links stated at the end of the article, but today we want to touch some more specific points such as the employers’ mandate, responsibility and limitation on the matter.
WHO SCHEDULES THE ANNUAL LEAVE?
As a rule it is in the employer’s authority to schedule the annual leaves, however allocating annual leave fairly between employees, the decision of following “committees” should be taken into consideration;
- In workplaces employing more than 100 employees it is obligatory to constitute an “Annual Leave Committee,” comprised of employer or one representative of employer and two employee representatives,
- And in the workplaces employing less than 100 employees planning may be made by employer or employer’s representative and employee representatives,
- Written requests for entitled paid annual leave should be submitted to the employer at least one month prior to the date at which employee wish to start his/her paid leave.
But the employer and the committee is not obliged to comply with the request of employee as regard to start and end date of the leave, and employer has the right to allocate annual leave in a way to ensure the continuity of business and production.
CAN EMPLOYERS FORCE THEIR PERSONNEL TO TAKE ANNUAL LEAVE?
Yes, even though employee doesn’t wish to use his entitled paid leave in the leave year, employer has the right to have the employee use the leave. Otherwise this will be infringement of Labor Law on behalf of Employer.
Bering forced to use the annual leave in the entitled year doesn’t give the employee the right of terminating employment contract.
CAN AN EMPLOYER REFUSE HIS EMPLOYEE’S VACATION REQUEST?
Employer is not bounded with the start and end dates of the leave demanded by employee, and may determine different dates by taking into account the continuity and regularity of operations in general, order of precedence as regard to seniority, or the special issues pertaining to employer’s workplace.
But that does not mean employee cannot take his/her paid annual leave in the relevant year.
In case the employer prevents the employee’s right to use his annual leave within the leave year that will constitute a just cause for the employee to terminate employment contract.
CAN EMPLOYEES WAIVE THEIR RIGHTS OF VACATION OR WORK DURING THE ANNUAL LEAVE?
An employee neither can waive his right of vacation nor can s/he engage in gainful employment during this period. Otherwise they may be asked by their employer to reimburse the annual leave remuneration paid in advance.
CAN UNUSED VACATION CONVERT INTO WAGE?
As a rule annual leave should be used in the relevant leave year. However, in practice some employees, for some reasons, may prefer to carry forward their annual leave to coming years, and they can use it in the following years.
But if the employment contract is terminated before the employee had used all the leaves he is entitled, unused vacation days should be paid as wage. Article 59 of Labor Law No. 4857 reads as follows;
“Any annual leave remuneration due to, but not yet claimed by employee must be paid to them, or persons entitled on their behalf, upon the termination of and employment contract for any reason, at the wage rate prevailing on the date of termination.
Statutory limitations on such wages that have become due begin as of the date of the termination of the employment contract.
If the employment contract has been terminated by the employer, the terms of notice and the leave of absence to be granted for seeking new employment must not overlap with the annual leave period.”
HOW TO DOCUMENT ANNUAL LEAVE?
- Employees’ paid leave entitlements and the leaves taken should be recorded in a “vacation book” and the documents in respect to leaves must be signed with both employee and employer.
- Documents related to annual paid leave should be kept in employees’ personal files.
CAN EMPLOYER DIVIDE THE ANNUAL LEAVE?
As a rule, the leave must be granted without interruption and it cannot be divided by the employer, however leave periods may be divided by mutual consent, provided that one of the parts shall not be less than ten days.
For example; 14 days leave can be used 10+1+1+1+1=14.
For more detailed information about annual leave please visit our websites below;
http://datassist.com/blog/106-how-to-plan-paid-annual-leave
http://turkishlaborlaw.com/faq/392-faq-on-annual-leave-in-turkey
