Annual Paid Leave of an Employee with less than 1 Year Working Day

Principles regarding the determination of annual paid leaves are designated under articles of 53/61 of the Turkish Labor Law numbered 4857 and the related Regulation.

From the perspective of the legal determinations; an employee employed by the same employer for more than1 year, including the probation period, is entitled to annual paid leave. In accordance with the related law, an employee with below mentioned working days is entitled to annual paid leave as follows;

a) 14 days of annual paid leave for working days between 1 year and 5 years
b) 20 days of annual paid leave for working days between 5 year and 15 years
c) 26 days of annual paid leave for working days more than 15 years

However, annual paid leaves may be increased by collective labor agreements.

An employee with less than 1 year working day is not entitled to annual paid leave, paid or unpaid leaves granted to such employee cannot be considered as annual paid leaves. Determinations, designating that an employee with less than 1 year working day may be inserted to labor agreements.

For instance; it is general practice to execute a labor agreement enabling an employee to be entitled to annual paid leave before completing 1 year working period. In case, there is no such agreement, it is at the discretion of the employer whether to approve employee’s request for paid leave.

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