WHAT IS ANNUAL LEAVE IN TURKEY?

Annual leave in Turkey is a constitutionally recognized right to rest, granted to employees in order to protect their physical and mental well-being in the face of long working hours and the challenges of working life. This right arises when the employment relationship between the employee and the employer continues uninterrupted and the employee has completed at least one year of service. Annual leave is a regulation aimed at increasing employee productivity and ensuring occupational health and safety, and it must be granted by the employer without interruption. This right is guaranteed under Turkish national legislation and international agreements, and it cannot be unilaterally restricted or abolished by the employer.

WHEN DOES THE RIGHT TO ANNUAL LEAVE ARISE IN TURKEY?

In Turkey, the right to annual leave arises when the employee completes one uninterrupted year of work from the date of employment, including the probationary period. Under the Turkish Labor Law No. 4857, official holidays, national holidays, and other periods specified in the legislation are included in the calculation of the working period. Accordingly, even if the employee did not actually work on these days, they are considered to have worked for the purpose of annual leave entitlement.

However, if the employee’s service has been interrupted, they must complete the missing period. Therefore, employees who work for less than one year cannot benefit from annual leave. With each new year of service, the right to annual leave is regained, and the employee may use this leave within the following period of service after becoming entitled to it.

HOW MANY DAYS IS THE ANNUAL LEAVE PERIOD IN TURKEY?

The duration of annual leave in Turkey is calculated based on the employee’s start date, considering a full calendar year. Once the employee completes one year, they earn the right to annual leave, which can be used during the following working year. For example, an employee who starts work on 01.06.2024 becomes entitled to annual leave as of 31.05.2025 and can use the leave between 01.06.2025 and 01.06.2026.

According to Turkish labor legislation, annual leave durations based on years of service are as follows:

• At least 14 days for employees with 1 to 5 years of service,
• At least 20 days for employees with more than 5 but less than 15 years of service,
• At least 26 days for employees with 15 or more years of service.

WHAT IS THE ANNUAL LEAVE DURATION FOR EMPLOYEES AGED 50 AND OVER IN TURKEY?

In Turkey, for employees aged 50 and over, the minimum duration of annual leave is set at 20 days, regardless of their length of service. Normally, employees with less than 5 years of service are entitled to 14 days of leave. However, if the employee is over the age of 50, the annual leave must be at least 20 days, regardless of their service duration. This regulation is based on a labor law principle aimed at meeting the increased need for rest as one ages and cannot be reduced or limited by the employer.

WHAT IS THE ANNUAL LEAVE DURATION FOR EMPLOYEES UNDER 18 IN TURKEY?

In Turkey, for employees under the age of 18, the minimum annual leave duration is set at 20 days, regardless of their service duration. This period may be increased through employment contracts or mutual agreements between the parties; however, it cannot be restricted or shortened to less than 20 days. This regulation is a protective measure within the framework of Turkish labor law, intended to support the physical and mental development of young workers and to safeguard their right to rest.

WHAT IS THE ANNUAL LEAVE DURATION UNDER THE MARITIME LABOR LAW IN TURKEY?

According to the Maritime Labor Law in Turkey, seafarers who have worked for at least 6 months in a year under the same employer or on the same vessel are entitled to annual leave. The duration of annual paid leave for seafarers varies based on their length of service. If a seafarer works at least 6 months within a calendar year (January 1 – December 31), the minimum annual paid leave is 15 days. However, for seafarers employed for more than one year, the annual leave duration must not be less than one month (30 days).

DOES AN EMPLOYEE WHO HAS WORKED FOR 5 YEARS RECEIVE 14 OR 20 DAYS OF ANNUAL LEAVE IN TURKEY?

According to the Turkish Labor Law, the duration of annual paid leave depends on the employee’s years of service. An employee who has worked for 5 full years becomes entitled to 14 days of annual paid leave in their 6th year. However, once the employee completes 6 years of service, this duration increases. Thus, in Turkey, an employee with 5 years of service uses 14 days of leave, while one with 6 years of service is entitled to 20 days.

HOW IS ANNUAL PAID LEAVE USED IN TURKEY?

In Turkey, annual paid leave is a constitutional right granted based on the employee’s length of service and aims to provide uninterrupted rest. Under the Turkish Labor Law, employees who have completed one year of work, including the probationary period, become entitled to annual leave. Therefore, employees who work for less than one year cannot benefit from this right.

However, there are exceptions. Seasonal workers, and those covered under the Press Labor Law and Maritime Labor Law in Turkey, may become entitled to annual leave before completing one year. Annual leave periods cannot be divided by the employer and cannot be converted to payment without the employee’s consent. However, with mutual agreement, annual leave can be divided into a maximum of three parts and may be used either in full or in parts.

WHEN IS ANNUAL LEAVE TAKEN IN TURKEY?

In Turkey, annual leave is used upon the employee’s request and the employer’s approval. According to the Labor Law, the employer should consider the employee’s request but can plan leave periods in accordance with workplace operations and workflow. The employee must submit their leave request in advance, in line with the rules and procedures set by the employer.

Annual leave is typically used for rest, holidays, or personal needs. The employer is obligated to allow the employee to use the entitled leave as a whole. However, with mutual agreement, the leave can be split into up to three parts. It is unlawful for an employer to eliminate or prevent the use of annual leave.

ARE SATURDAYS INCLUDED IN ANNUAL LEAVE CALCULATIONS IN TURKEY?

In Turkey, Saturdays are considered working days in annual leave calculations, even in businesses where employees do not work on Saturdays. According to the Labor Law, Saturdays are not regarded as weekend holidays and are counted as part of the annual leave duration regardless of whether the employee works on that day or not.

CAN UNUSED ANNUAL LEAVE BE CARRIED OVER TO THE FOLLOWING YEAR IN TURKEY?

In Turkey, annual leave must be used within the following year after it is earned. As long as the employment contract continues, annual leave cannot be converted into payment. However, if the leave is not used on time, it can be carried over to future years and accumulated. The employer is responsible for ensuring the employee uses their annual leave. Preventing the use of leave is unlawful.

WHAT SHOULD BE KNOWN ABOUT THE ANNUAL LEAVE OF CIVIL SERVANTS IN TURKEY?

In Turkey, civil servants’ annual leave entitlements vary according to their years of service. Civil servants who have worked between 1 and 10 years are entitled to 20 days of leave per year, while those with 10 years or more of service are entitled to 30 days. However, teachers do not have separate annual leave, as their right is included in the summer break. Public employees working with radioactive materials are granted an additional one-month health leave on top of their annual leave.

Civil servants may use up to two years of accumulated leave at once. In this case, unused leave from the previous year is deducted from the total leave duration. Additionally, civil servants are granted up to four days of travel leave for round trips.

Civil servants can use their leave in parts, but restrictions may apply based on service needs. As long as service requirements allow and with the permission of the authorized supervisor, they can take their annual leave in segments.

CAN AN EMPLOYER FORCE AN EMPLOYEE TO TAKE UNPAID LEAVE IN TURKEY?

In Turkey, an employer cannot force an employee to take unpaid leave without their consent. Unpaid leave is based on mutual agreement between the employer and the employee. An employee may request unpaid leave, but the employer is not obligated to accept it. Likewise, the employer cannot unilaterally impose unpaid leave on the employee. If the employee consents, unpaid leave becomes a formal type of leave, during which no wages are paid.

DO UNUSED ANNUAL LEAVES EXPIRE IN TURKEY?

The principle in Turkey is that annual leave should be used within the year it is earned. However, unused leave is not canceled. If the employee cannot use their leave, the right continues, and if the employment contract is terminated, the employee is entitled to payment for the unused leave.

For civil servants, the rules differ. Civil servants in Turkey can use two consecutive years of leave together, and the previous year’s unused leave is deducted from the total. However, unused leave from the previous or current year that is not taken within the designated period is canceled and cannot be carried over. This regulation ensures that civil servants use their leave within a defined time frame or risk forfeiting it.

CAN THE ANNUAL PAID LEAVE PERIOD BE DIVIDED IN TURKEY?

In Turkey, annual paid leave periods may be used in divided parts by employees. However, this division is subject to certain rules. A portion of the annual paid leave must be taken in one uninterrupted period of no less than ten (10) days. The remaining leave days may be used in parts, provided the employer grants approval.

For example:

• An employee with 14 days of annual leave may use 10 days at once, and then use the remaining 4 days as desired, with the employer’s approval.
• Similarly, an employee with 26 days of annual leave may take 10 consecutive days and use the remaining leave in parts with employer consent.

However, one key rule governs the division of annual leave in Turkey: no portion of the annual leave can be less than 10 days in the initial use. In other words, an employee may not use part of their leave in periods shorter than 10 days initially; the minimum uninterrupted period must be at least 10 days.

WHAT IS AN ANNUAL LEAVE FORM AND WHAT IS AN ANNUAL LEAVE REGISTER IN TURKEY?

The annual leave form is an official document used by employers in Turkey to accurately track employees’ use of annual paid leave. This form should include information such as the employee’s full name, personnel number, leave start and end dates, request for travel allowance, date of return to work, and the signatures of both the employee and the authorized approver.

The annual leave register is a record that employers in Turkey are legally required to maintain, showing the annual leave status of each employee. It should include the employee’s full name, personnel number, date of employment, the date the leave entitlement is earned, number of non-working days and reasons, seniority, leave duration, travel leave, and the start and end dates of the leave. This register enables employers to systematically monitor leave and is essential for effective leave management.

WHAT DOES ANNUAL LEAVE RECEIVABLE MEAN IN TURKEY?

Annual leave receivable refers to the monetary compensation owed to an employee for unused annual leave when the employment contract ends, regardless of the reason for termination. According to Article 59 of the Turkish Labour Law, when the employment contract is terminated, the employee is entitled to receive payment for any unused leave based on their final gross wage. If the employee is deceased, this payment is made to their legal heirs.

This regulation aims to protect the employee’s entitlement to annual leave and prevent employers from obstructing its use. Annual leave is a right granted to ensure that employees have adequate rest and cannot be converted into payment during active employment. However, upon termination of the employment contract, any unused leave becomes a monetary receivable and must be paid to the employee.

HOW IS THE ANNUAL LEAVE RECEIVABLE CALCULATED WHEN THE EMPLOYMENT CONTRACT ENDS IN TURKEY?

When an employment contract is terminated for any reason in Turkey, the employer must pay the employee for any unused annual leave. The calculation is based on the employee’s final gross wage at the time of termination. This wage is considered the base salary only; additional benefits such as bonuses, premiums, and overtime pays are excluded.

The amount is calculated by multiplying the employee’s gross daily wage by the number of unused leave days. Legal deductions such as social security contributions and income tax are applied to the total amount before payment is made.

CAN UNUSED ANNUAL LEAVE BE CLAIMED AS MONEY DURING EMPLOYMENT IN TURKEY?

Annual paid leave is considered a constitutional right in Turkey, recognized as a rest entitlement for employees, and it cannot be converted into monetary compensation during the course of employment. It is defined as the employee’s right to rest and attend to personal matters. Therefore, the employee must be allowed to take this leave without working.

However, if the employment contract ends and there are unused leave days accumulated, those days are converted into a monetary receivable. In such cases, payment is made based on the employee’s final gross wage. During ongoing employment, leave cannot be replaced with payment, and employees must physically take the leave. If accrued leave is not paid upon termination, the employee may also claim this amount in addition to other employment termination entitlements.

IF AN EMPLOYEE IS NOT ALLOWED TO TAKE ANNUAL LEAVE, CAN THEY TERMINATE THE CONTRACT WITH JUST CAUSE IN TURKEY?

Under Turkish Labour Law, annual leave is a fundamental right to rest, and the employer must allow its use in accordance with the principle of good faith. While the employer may determine the timing of leave, this must be done in a way that does not violate the employee’s rights. If the employer fails to allow the employee to take their entitled annual leave within the proper period, the employee may be entitled to terminate the contract with just cause.

According to Article 24 of the Labour Law, failure to allow the employee to take annual leave may constitute a just cause for the employee to terminate the contract. If the employer does not permit the employee to use their annual leave between entitlement dates, this is considered contrary to good faith and ethical rules, and the employee has the right to end the contract with just cause.

WHAT HAPPENS TO ACCRUED ANNUAL LEAVE IF AN EMPLOYEE RESIGNS IN TURKEY?

In Turkey, when an employment contract ends for any reason, including resignation, the employee is entitled to receive payment for any unused annual leave. This payment is calculated based on the gross wage effective on the date of termination.

Annual paid leave is not dependent on how the employment relationship ends, regardless of whether it is due to wrongful termination or resignation etc. Therefore, even if an employee resigns, they are still entitled to payment for unused annual leave. Any accrued but unused leave must be paid out upon resignation. Failure to pay this amount would entitle the resigning employee to claim it alongside other termination entitlements.

IS THERE A STATUTE OF LIMITATIONS FOR ANNUAL LEAVE RECEIVABLES IN TURKEY?

Unused annual leave rights become a form of labour receivable upon termination of the employment contract and are subject to a statute of limitations of 5 years in Turkey. For example, an employee working between 2020 and 2025 and terminated on July 1, 2025, may claim the payment for unused leave earned during this period up until the statute of limitations expires. The period begins on the termination date. To avoid loss of rights, employees are advised to seek legal support for proper calculation of limitation periods.

WHAT DEDUCTIONS ARE MADE FROM ANNUAL LEAVE PAYMENTS IN TURKEY?

When calculating annual leave pay in Turkey, only the employee’s base salary is considered; overtime, bonuses, and other benefits are excluded. All statutory deductions apply. These include the employee’s social security premium, unemployment insurance premium, and income tax, which are deducted from the gross annual leave payment.

IS IT POSSIBLE TO FILE A LAWSUIT FOR UNUSED ANNUAL LEAVE IN TURKEY?

According to Turkish Labour Law, annual paid leave is a constitutional right granted to employees for rest and cannot be converted into monetary compensation while the employment contract is ongoing. Therefore, it is not possible to file a lawsuit for payment of unused annual leave during active employment. However, if the employer fails to grant annual leave, the employee may have the right to terminate the employment contract for just cause.

Under Article 24 of the Labour Law, if an employer violates the employee’s right to annual leave, the employee may terminate the employment contract for just cause. Upon termination of the contract, unused annual leave days become a type of labour receivable, and the employee becomes entitled to receive payment for those days.

Before filing a lawsuit for annual leave compensation, it is mandatory to apply for mediation in accordance with Law No. 7036 on Labour Courts. The employee must initiate mediation against the employer to claim the unpaid annual leave. If no agreement is reached, the matter can be taken to court.

In the lawsuit, compensation for unused annual leave will be calculated based on the employee’s final wage at the date of termination. To avoid loss of rights, it is essential to consider the statute of limitations when filing such a claim. Seeking legal support from a labour law attorney is advisable to ensure proper handling of the case.

WHAT ARE THE PENALTIES FOR VIOLATING ANNUAL LEAVE REGULATIONS IN TURKEY?

Violations of the regulations on annual paid leave as stipulated in the Labour Law may result in administrative fines and legal liabilities for the employer. Non-compliance with these provisions infringes on employee rights and may lead to sanctions. The following are examples of violations related to annual paid leave:

• Unlawful division of annual leave: Leave cannot be split without the employee’s consent or in a manner that contradicts legal requirements.
• Improper payment of leave compensation: Compensation must be paid in accordance with the employee’s final wage and the relevant legal provisions. Failure to do so may lead to penalties.
• Failure to pay annual leave compensation upon termination: If the employment contract ends, the employer must pay for any unused annual leave. Non-payment is unlawful, and the employee may file a claim.
• Non-compliance with regulations on the use of leave: Employers must not prevent or restrict employees from taking their entitled annual leave.

Employers have the burden of proof to show that annual leave was granted appropriately. This can be demonstrated through records such as the leave ledger or other official documents. In the case of a violation, separate administrative fines may be imposed for each employee affected. These penalties serve as significant deterrents for non-compliance with annual leave regulations.