Annual Paid Leave
If the employee works for a full year, he/she will be entitled to annual paid leave. Probationary period is included in the said one-year period.
Annual paid leave is governed by the Labor Law No. 4857. Section 50 of the said law governs employees’ right to take leaves.
Payment for unused annual paid leave:
In general, each annual paid leave must be taken in the year it incurs. If an annual paid leave cannot be taken due to any of certain several reasons within the year it has incurred, it will not be lost. Furthermore, employers are obliged to pay annual paid leave benefit to employees after they quit. Certain taxes are deducted from benefits paid for unused annual paid leaves:
1-Employee Social Security contribution and unemployment insurance premium
2-Stamp tax
3-Income tax
Annual paid leave is:
– 15 days for employees having a seniority 1 to 5 years
– 20 days for employees having a seniority 6 to 14 years
– 26 days for employees having a seniority 15 years or more.
The right to use this leave is subject to a benefit.
Annual paid leave benefit is calculated with reference to the gross salary. Time-bar period stars to count when the employer’s employment contract expires or is terminated. The law orders a time-bar period of five years. If the benefit remains unpaid for five years, interest will incur at the legal interest rate.
Employees cannot be forced to take their annual paid leaves without their consent. Some employers ask their personnel to sign a written consent to circumvent the above mentioned rule. No employee is obliged to sign such written consent. Some employees terminate the employment contract if an employee refuses to take his/her annual paid leave in a certain period. In this case the employee will be entitled to both notice pay and severance pay, and to file a lawsuit to claim reinstatement.
TERMS AND CONDIDITIONS OF USE AND DISCLAIMER
Information given in this website only contains general information and opinions, does not substitute legal recommendation or professional legal service, and may not be used as legal recommendation or professional legal service. You are highly recommended to receive professional legal service and opinion for each case depending on its peculiar circumstances.
Lawyers employed by Gulis Law and Counseling Office are definitely not responsible for the accuracy or completeness of the information given here. Given that information, laws and stare decisis may abruptly change, the information given here may not be undertaken or guaranteed to be current. You are recommended not to make a business decision based on any part of the information given here, and to buy professional legal service for each case depending on its peculiar circumstances.
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