“Right to Rest” is one of the rights guaranteed by the Constitution. Article 50 of our Constitution, after stating that "resting is the right of employees", also emphasized the right to annual leave and the right to week holidays and holidays. For th
"Justice without power is powerless, power without justice is cruel.”
1-Why is the right to rest important?
“Right to Rest” It is one of the rights guaranteed by the Constitution. Article 50 of our Constitution is “resting is the right of employees”. After giving his statement, he also emphasized the right to annual leave, week vacation and holiday vacation. For this reason, the right to rest, which is a constitutional right, cannot be waived. Also, beyond the legal obligation,
• Çprotecting employees from work accidents that they may suffer as a result of fatigue and the carelessness it will bring,
• To ensure the continuation of the physical and mental well-being of the business,
• Increasing job satisfaction,
• Ensuring the participation of business in social life,
• To prevent the decrease in work efficiency,
• To prevent the quality of the work from declining,
etc. for many reasons, the business's annual leave, week vacation and holiday vacation rights-
He should be able to fully use his breaks during the day and during the day.
2-When can I qualify for paid annual leave?
If you work for at least one year, including your trial period, from the date of your employment, you are entitled to annual paid leave. However, if you have worked in different workplaces of the same employer, one after the other or on different dates, you need to add up your service periods at these workplaces when calculating the one-year period required to qualify for annual leave.
The annual paid leave period of subcontractor workers who continue to work at the same workplace even though their subcontractor has changed is calculated by taking into account the time they have worked at the same workplace. The principal employer must check whether the annual paid leave periods to which the workers employed by the subcontractor are entitled are used and ensure that they are used within the relevant year, while the subcontractor sends a copy of the leave registration document to the principal employer. is obliged to give.
3-How can I calculate my annual leave?
Your annual leave periods are calculated according to your seniority at the workplace. If at your workplace;
• If you have service from one to five years (including five years), your annual leave is from 14 days;
• From 20 days if you have more than five years and less than fifteen years of service;
• If you have more than fifteen years of service, it cannot be less than 26 days.
Annual paid leave periods of workers working in underground works are applied by increasing them by four days. Those who have service from one to five years (including five years) can only use their annual leave for 20 days after completing their five-year service period.
For example, a job that was hired on 01.02.2010
1st service year on 01.02.2011, 2nd service year on 01.02.2012, 3rd on 01.02.2013; service year, 4th on 01.02.2014; he will have completed his 5th service year on 01.02.2015.
The job in question will be able to use the annual leave to which it will be entitled on 01.02.2016 for more than 20 days after completing the 5-year service period. The annual leave periods stipulated in the law are the minimum periods, and the employment contract you will sign with the employer or the applicable one at your workplace
It is possible to set your annual leave periods longer with a collective agreement.
4-Is there a special regulation for certain age groups regarding annual leave periods?
If you are 18 years of age or younger, or 50 years of age or older, your annual paid leave must be at least 20 days. This means; For example, a 16-year-old worker will use his annual leave not as 14 days but over 20 days for each year until he reaches the age of 19, even if his service period is less than five years.
I am working in a 5-season job, can I take annual leave?
If you are working in a seasonal or campaign job lasting less than a year, you are not entitled to paid annual leave.
Can I use my 7-year leave by dividing it?
If you agree with your employer on this matter, you can use your annual leave as many times as you want, a part of which should not be less than 10 days.
8-If I leave the workplace, will my unused annual leave rights expire?
Every aspect of your employment contract In the event that it expires for any reason, your fees for the annual leave periods that you do not use must be paid to you on the date of the termination of your service contract. Therefore, if you leave your workplace, your unused annual leaves are not burned.
9-Can I use a road permit when I am going to spend my annual leave away?
If you are going to take your annual leave from the place where your workplace is established, your employer has to give you a road permit for up to 4 days, if you document this situation and request a road permit. However, this permit will be a free permit.
10¬Does my employer have to keep a record of the annual leave I take?
Your employer has an obligation to keep a record showing the annual leaves of all employees working at your workplace. These records can be arranged in the form of an annual leave book, or they can be kept in the form of a chart.
11-When can I use my leave when I am entitled to annual leave?
You can use your annual leave for each service year in the next service year.
12- If I have to use a report for a long time due to my illness, how will my right to annual leave be affected?
If you cannot go to work for a long time due to an accident or illness (it should be documented with a health report), six more weeks will be added to your notification period to be calculated based on your service period at that time, and if the period of your sick leave will be calculated in this way; If it is more than the number of hours, the excess part will not be taken into account in the calculation of your annual paid leave.
13- If I join the military while working at the workplace, will my time spent in the military be taken into account for my annual leave?
Since your employment contract will be suspended during your military service, this period will not be taken into account in the calculation of your annual leave entitlement.
14-Can my employer deduct my excused leave from my annual leave right?
Whether paid or unpaid, the excused leaves you have taken during the year cannot be deducted from your annual leave right by your employer.
Generally; Other paid and unpaid leaves or rest and sick leaves granted by the employer during the year cannot be deducted from the annual leave entitlement.