- Introduction
The right to annual paid leave, which is fundamentally based on Article 50 of the Constitution and regulated under Article 53 of the Turkish Labour Law No. 4857, refers to the employee’s ability to refrain from work during certain periods without suffering any loss of wages, as well as to the employer’s obligation to bear this social responsibility. The fact that the employee is entitled to wages during the rest period without providing any work in return clearly reflects the social character of this right. The purpose of annual paid leave is to ensure that an employee who becomes mentally and physically fatigued after working for a certain period is able to rest without any reduction in wages and to return to work in a healthy condition.
Within this framework, annual paid leave may be defined as an indispensable, non-transferable, and strictly personal period of free time granted to the employee—without performing any work and without any deduction from wages—provided that the statutory conditions are fulfilled.
- Conditions for Entitlement to Annual Paid Leave
Pursuant to Article 53 of the Turkish Labour Law No. 4857, in order for an employee to be entitled to annual paid leave, the employee must have worked for at least one year under the same employer. At this point, the decisive factor is not whether the employment contract is concluded for a fixed or an indefinite term, but whether the duration of employment has reached one year. Accordingly, employees working under fixed-term employment contracts are also entitled to annual paid leave, provided that they have worked for at least one year under the same employer.
- The Concept of Fixed-Term Employment Contracts and the Granting of Leave under Fixed-Term Contracts
According to Article 11 of the Turkish Labour Law No. 4857, a fixed-term employment contract is a contract that is based on a specific period of time or the completion of a specific task. The conclusion of such contracts requires the existence of an objective reason. However, these differences do not result in the complete elimination of the employee’s fundamental rights. Whether the employee’s contract is fixed-term or indefinite-term, or whether the employee works on a full-time or part-time basis, has no effect on the right to annual paid leave. Pursuant to Article 5/2 of the Labour Law, unless there is an objective and substantial reason, the employer may not treat employees differently on the grounds that their employment contract is full-time or part-time, or fixed-term or indefinite-term. The type of employment contract is therefore not decisive for benefiting from the right to annual paid leave. However, the work performed by the employee must be of a continuous nature. According to Article 10 of the Labour Law, which constitutes a definitional provision, whether the work lasts thirty working days is determined by taking into account the nature of the work performed. If, by its nature, the work is expected to last no more than thirty working days, it is considered non-continuous work; if it exceeds thirty working days, it is deemed continuous work. Therefore, in order for the provisions governing annual paid leave to be applicable, the employee must be engaged in continuous work.
- Conversion of the Annual Leave Right into Wages
An employee may exercise the right to annual paid leave during the continuation of the employment contract, or may claim the wages corresponding to the leave periods that have been earned but not used following the termination of the employment contract. Annual paid leave entitlements that have been earned but not used are not subject to the statute of limitations. As the expiration of the term in fixed-term employment contracts also gives rise to termination, the employee must be paid leave wages for unused annual leave periods. In this respect, for the annual leave wage to become payable, it is required that the employee has acquired the right to annual paid leave, that the leave has not been actually taken, and that the employment contract has been terminated.
- Conclusion
Annual paid leave is a constitutionally guaranteed right to rest that the employee cannot waive. Where the annual leave right is exercised within the scope of the employer’s managerial authority, such authority must not be exercised in a manner that places the employee at a disadvantage. In exercising this right, the employer is under an obligation to evaluate the employee’s requests honestly and in accordance with the principle of appropriateness. Employees working under fixed-term employment contracts benefit from the right to annual paid leave provided that the necessary conditions are met. The fact that the employment contract is concluded for a fixed term does not, in itself, result in the elimination of this right.
Attorney At Law Zeliha Nur Yıldırım