The Regulation Amending the Annual Paid Leave Regulation Has Been Published

An amendment was made in the Official Gazette dated August 18, 2017, which we think is important for Turkish business life. According to this amendment, the phrase that the annual leave can be divided into three at most, in the third paragraph of the sixth article of the Annual Paid Leave Regulation, has been changed to “can be used in sections”.

This change, which has been expected for a long time, has now taken its place as a regulation provision. As it is known, in practice, the amount of annual leave required by workers and employees could be divided into three at most. This can be formulated as 10+2+2 days or 10+3+1 or 10+1+3, one of which is at least 10 days, and employers have to refuse leave requests from the personnel in the form of more than one day in case of need. They were also looking for various ways to comply with the law. Personnel who felt obliged to take a day off from time to time could not accrue annual leave again, if they had taken one day off before. Because otherwise, in such a situation, even with the request of the worker, the permissions used in violation of the regulation would constitute a violation of the regulation.

Although, with the law amendment made in 2016, 56 of the Labor Law No. 4857. With the amendment made in the article; The provision “…the leave periods stipulated in Article 53 can be used in sections, some of which are not less than ten days, with the agreement of the parties…” was introduced. This confusion in practice has now been eliminated with the amendment made in the regulation on the amendment of the annual paid leave Regulation published in the Official Gazette dated 18 August 2017.

ANNUAL PAID LEAVE OF SUB-CONTRACTOR EMPLOYERS WHO CONTINUE TO WORK IN THE SAME WORK PLACE AFTER THE SUB-CONTRACTOR HAS CHANGED;

Another important change made in the same regulation is related to the calculation of annual paid leave of subcontractor workers who continue to work in the same workplace despite the change in the subcontractor.

As it is known, in many workplaces, personnel such as security personnel or cleaning personnel, who are frequently used as subcontractors, were transferred to the new employer after the change of the company, which was previously working as a subcontractor, and continued to work with them, again due to the self-confidence of the company. In this case, there was a problem in the annual leave calculations of these workers and after this recruitment by the new employer, the previous period was reset and a new calculation was made before the new employer.

The aforementioned regulation also regulates how to calculate the current earned annual leave receivables of such employees. According to this new regulation; “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 periods they have worked at the same workplace. The main employer is obliged to check whether the annual paid leave periods to which the workers employed by the subcontractor are entitled are used and to ensure that they are used within the relevant year, while the subcontractor is obliged to give a copy of the leave registration document to the main employer.

As it can be understood from this regulation, another important detail has been added to the work assignments of employers, which should be very careful when changing subcontractors.

You can see the published regulation below.

6 of the REGULATION. THE ARTICLE TAKES THE FOLLOWING FORM AFTER ISSUING;

Application of Annual Paid Leave

Article 6 – Annual paid leave cannot be divided by the employer.

It is obligatory to give this leave continuously by the employer within the periods indicated in Article 53.

However, the leave periods stipulated in Article 53 can be divided into three at most , one of which is not less than ten days, by agreement of the parties. can be used in parts.

Other paid and unpaid leaves or rest and sick leaves granted by the employer during the year cannot be deducted from annual leave.

In the calculation of annual paid leave days, national holidays, weekdays and general holidays that coincide with the leave period are not counted from the leave period.

Those who will spend their annual paid leave in a place other than the place where the workplace is located, provided that they make a request and document this issue, the employer is obliged to provide a total of up to four days of unpaid road leave to cover the time spent on the road on their way out and back.

In case of termination of the employment contract by the employer, the notification period specified in Article 17 of the Labor Law and the new job search permits, which must be given to the employee in accordance with Article 27, cannot be intertwined with the annual paid leave periods.

The employer has to keep a leave registration document showing the annual paid leaves of the workers working at the workplace.

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 periods they have worked at the same workplace. The main employer is obliged to 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 is obliged to give a copy of the leave registration document to the main employer.