Annual Leave-Turkey Labour Law Annual Leave
Annual Leave-Turkey Labour Law Annual Leave
The "Right to Rest": A Constitutional Right You Cannot Waive — A Comprehensive Guide to Annual Leave and Employee Rest Rights
Did you know that the right to rest is safeguarded by the Constitution in many countries, including Turkey? Article 50 of the Turkish Constitution clearly states that "Rest is a right of employees," specifically underlining the importance of annual leave, weekly rest days, and public holidays.
Therefore, the right to rest is not a privilege—it is a constitutional guarantee that cannot be waived or negotiated away, even with mutual consent between employer and employee.
But beyond the legal obligation, the right to rest serves critical purposes:
✅ Preventing work accidents caused by fatigue and inattentiveness
✅ Maintaining employees' physical and mental well-being
✅ Enhancing job satisfaction
✅ Encouraging social participation
✅ Sustaining productivity
✅ Maintaining the quality of work
Especially during the peak vacation season, it is vital for both employers and employees to fully understand their rights and obligations regarding annual leave. Below, we answer the 15 most frequently asked questions about annual leave and the right to rest, with practical examples and legal insights.
1. When Do Employees Become Eligible for Annual Paid Leave?
Employees earn the right to annual paid leave after completing one year of service at the workplace, starting from the day they began working. The probationary period counts toward this one-year calculation.
📌 Example:
An employee who started on June 12, 2024, with a 2-month probation, will become eligible for paid annual leave on June 13, 2025.
If an employee works in different establishments of the same employer, these periods are combined to meet the one-year requirement.
2. How is Annual Leave Calculated for Subcontractor Employees?
If a subcontractor's employees continue working in the same workplace despite a change in subcontractors, their annual leave is calculated based on their total period of service in that workplace, regardless of the subcontractor changes.
The primary employer must ensure that annual leaves are taken.
The subcontractor must provide the primary employer with a copy of the leave records.
3. What Are the Statutory Periods for Paid Annual Leave?
The minimum durations of paid annual leave according to years of service are:
| Years of Service | Minimum Leave Duration |
| 1 to 5 years (inclusive) | 14 days |
| More than 5 years up to 15 years | 20 days |
| 15 years and over | 26 days |
For underground workers, leave periods are extended by an additional 4 days.
Employment contracts and collective agreements can always stipulate longer leave periods.
4. Are There Special Leave Provisions for Specific Age Groups?
Yes. For employees:
Under 18 years of age, or
50 years and above,
the minimum annual leave is 20 days, irrespective of the years of service.
📌 Example:
A 16-year-old worker, even with less than 5 years of service, is entitled to 20 days of annual leave per year.
5. Are Weekly Rest Days and Public Holidays Included in Annual Leave?
No. National holidays, weekly rest days, and public holidays that coincide with the leave period are not counted as part of annual leave.
📌 Example:
For a 14-day leave that includes 2 weekends and 1 public holiday, the total leave taken would be 17 days.
6. Can Annual Leave Be Split into Separate Periods?
In principle, annual leave should be used continuously, but by mutual agreement, it can be split into periods, provided that one segment is at least 10 days.
📌 Example Split:
An employee with 20 days of leave can use:
- 10 days + 5 days + 1 day + 1 day + 1 day + 1 day + 1 day.
7. Is the Employer Obliged to Grant Travel Leave?
If the employee plans to spend their leave outside the city or region where the workplace is located, the employer is required to grant up to 4 additional days of unpaid leave for travel, provided the employee submits proof (ticket, reservation, etc.).
8. Can Employees Receive Cash Instead of Using Annual Leave?
No. The right to annual leave is a constitutional rest right and cannot be converted into monetary compensation during employment.
The only exception: When the employment contract is terminated, any unused annual leave must be paid in cash.
9. Can Employees Work at Another Job During Their Annual Leave?
Employees cannot engage in paid work at another company during their annual leave. If they do, the employer is entitled to reclaim the leave pay for the days the employee worked elsewhere.
10. Can Employees Take Leave Whenever They Want?
No. Employees must request annual leave at least 1 month in advance, in writing. The employer then schedules leave dates considering:
Operational needs
Other employees' leave schedules
Past leave periods
11. Can Employers Implement Collective Leave Periods?
Yes. Employers can require all or some employees to take their annual leave between April and October.
Some essential employees may be excluded from collective leave to:
Maintain security
Oversee equipment maintenance
Protect workplace assets
Additionally, even those who haven't yet earned leave entitlement can be included in collective leave.
12. When Must Workplaces Establish a Leave Committee?
In workplaces with over 100 employees, a Leave Committee must be formed, comprising:
1 employer representative
2 employee representatives
These members are elected every two years. If a union exists, it designates representatives.
13. What Are the Leave Committee’s Duties?
The Leave Committee:
Reviews annual leave requests
Schedules leave to ensure both employee rights and operational continuity
Posts the approved leave schedule publicly at the workplace
Addresses employee complaints regarding leave
Can organize camps, trips, or similar activities to enhance leave experiences
14. Are Social Security Premiums Paid During Annual Leave?
Yes. All social security premiums, including short-term insurance premiums (e.g., work accidents, sickness, maternity), must continue to be paid during annual leave.
15. Must Employers Keep Records of Annual Leave?
Absolutely. Employers must maintain comprehensive records of:
Leave requests
Approved leave periods
Leave usage
These can be recorded in a leave ledger or a card index system.
📌 Key Takeaways
Rest is a constitutional right—it’s not optional.
Annual leave, weekly rest days, and public holidays are critical to well-being and productivity.
Employers are legally obligated to track and facilitate proper leave usage.
Violations of these rights expose employers to legal risks and financial liabilities.
✅ Final Thoughts for Employers and HR Professionals
Establish clear policies, educate your employees about their rights, and maintain transparent records. Not only does this ensure compliance with labor laws, but it also builds a healthier, more engaged workforce.
📞 Need Expert Guidance on Labor Law Compliance?
Our firm specializes in employment law advisory, HR policy audits, and compliance reviews.
👉 Contact us today to ensure your company’s HR practices meet legal standards while enhancing employee satisfaction and productivity.
info@ozmconsultancy.com
