With this modification, since the date of the notice dated 18.08.2017, the paid annual leave can be split up in the way the parties agree on.

2- DOES THE CHANGE OF SUB-EMPLOYER AFFECT THE PAID ANNUAL LEAVE RIGHTS?
With the same notice, the paragraph below has been added to the 6th article of the Paid Annual Leave Regulations:

“Among the Sub-employer’s employees, the leaves of those who continue to work in the same work place even though their employers have changed, are calculated considering the duration of their work. The primary employer is responsible with checking if the employees working for the sub-employer use their right to a paid annual leave and ensuring that they use their paid annual leaves. The sub-employer is responsible of providing the primary employer with the permission records they are obligated to keep.”

3- ARE THE PAID ANNUAL LEAVE RIGHTS THE SAME FOR UNDERGROUND WORKERS?
“The paid annual leaves of the underground workers are applied with additional four days for each.”

Source: The Official Gazette – Paid Annual Leave Regulations (18.08.2017 – 30158)

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

• An employer should give paid leave to an employee who has worked at least one year since the date of recruitment (including probation period).
• The right to annual paid leave is not dispensable.
• Employees, who work less than one year in a seasonal or campaign work, have no right to paid leave because of nature of business.

Right to paid leave and service period cannot be less than;
a) fourteen (14) days for employees whose service period is between 1 and 5 years,
b) twenty (20) days for employees whose service period is between 5 and 15 years,
c) twenty-six (26) days for employees whose service period is 15 or more than 15 years.

• Annual paid leaves of employees who work in underground works should be calculated by adding 4 days to normal annual paid leaves.
• The paid leaves of employees who are eighteen years old or under age and employees who are 50 or more years old shouldn’t be less than 20 days.

The term of annual paid leave can be increased with labor contracts and collective labor agreements.

Source: article 53 of the Labor Law 4857

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.