06.11.2026 11:31
The Court of Cassation, drawing attention to the statement by the family of the deceased worker who worked at the same workplace for 33 years that "we did not use all of the leave but a large portion of it," ruled that in undocumented leave cases, a one-third reduction must be made from leave pay in accordance with the "adherence to facts" principle.
The Supreme Court of Appeals, which put the final point on the receivable lawsuit filed by the family of N.U., who died after working as an accounting manager at the same private company for 33 years, ruled that even if there is no written document, a one-third reduction should be made from the employee's annual leave receivable in line with the employee's position and statements.
The heirs of N.U., who died after serving as accounting and financial affairs manager at a private company for 33 years, filed a lawsuit in the Labor Court seeking the collection of underpaid severance pay and unused annual leave wages. After a litigation process lasting years, the 9th Civil Chamber of the Supreme Court of Appeals, having completed the appellate review, signed a precedent-setting decision.
FAMILY: THE WAGE WAS UNDERREPORTED, MOST OF THE LEAVES WERE NOT USED
The plaintiff family argued that although N.U.'s last net monthly wage was 15 thousand TL, part of the salary was paid hand-to-hand, and therefore the Social Security Institution notifications were shown low. Stating that the deceased could not use most of his annual leaves due to the intense work tempo, the family requested the collection of severance pay, minimum living allowance, and annual leave wage receivables from the employer.
The defendant employer, on the other hand, argued that N.U. worked as a consultant after retirement, used his annual leaves during his illness period, and that offset payments were made, and requested the dismissal of the lawsuit.
LABOR COURT AND COURT OF APPEALS FOUND THE FAMILY RIGHT
The local Labor Court decided to accept the lawsuit on the grounds that the employment contract ended with death and that the employer could not document that the leaves were used or paid, and ordered payment based on the basis that no leave was used for 33 years. After the Regional Court of Appeal also rejected the objections, the file was taken to the Supreme Court of Appeals.
SUPREME COURT OF APPEALS: A ONE-THIRD REDUCTION MUST BE MADE DUE TO THE PRINCIPLE OF BEING BOUND BY THE FACTS
The 9th Civil Chamber of the Supreme Court of Appeals, which overturned the decision, emphasized that the court's acceptance that "no leave was used for 33 years" was erroneous. The decision included the following grounds: "In the petition, it was stated that the deceased employee did not use 'most' of his leaves, not all of them. Except for the exceptions stipulated in the Law, the judge cannot take into consideration spontaneously something or facts that one of the parties did not state. On the other hand, the employee working as accounting and financial affairs manager at the workplace has the authority to prepare records and documents regarding annual leave due to his position. In this case, considering both the facts in the petition and the employee's duty, it should be accepted that one-third of the annual leave entitlement was used, and the calculation should be made accordingly."
The Supreme Court of Appeals also ruled that the actual wage must be fully determined by reevaluating bank records, payrolls, and witness statements, and overturned the local court's decision.