26.07.2025 15:49
The annual leave entitlement, which closely concerns millions of employees in Turkey, can turn into a significant financial value after leaving a job. However, this right is not unlimited! The payment for unused leave is only made upon termination of employment, and a request must be made within a maximum of 5 years to receive this payment. Those who miss the deadline completely lose their legal right.
The annual paid leave right, which concerns millions of employees in Turkey, is guaranteed by both the Constitution and the Labor Law. However, many workers are not sufficiently informed about how and when to use this right. Experts warn that those who miss the "5-year rule" may face serious losses.
MONEY CANNOT BE REQUESTED WITHOUT LEAVING THE JOB
According to the law, an employee earns the right to annual paid leave after completing one year of service. However, the payment corresponding to this leave can only be made in the event of leaving the job. In other words, the employer cannot pay leave wages to employees who continue to work, even if it is based on "consent." This prohibition cannot be circumvented by private agreements between the parties. That is, the employer cannot say, "Let me give you the leave money," and the employee cannot say, "I won't take leave, let me take the money." Such requests have no legal validity.
THOSE WHO DO NOT REQUEST WITHIN 5 YEARS LOSE THEIR RIGHT
An employee who leaves the job has the right to receive payment for unused leave. However, this right also has a statute of limitations. The legal right to claim leave payments that are not requested within 5 years after leaving the job is eliminated. Therefore, it is crucial for employees not to miss this period.
IF LEAVE HAS BEEN TAKEN, THE EMPLOYER MUST DOCUMENT IT
The employer is obliged to prove in writing that the employee has taken their annual leave. Otherwise, when the employee says, "I did not take my leave," the courts can consider this statement. For this reason, it is a legal obligation for the employer to keep signed leave documents.
HOW IS LEAVE MONEY CALCULATED?
The payment for unused leave is calculated based on the employee's last gross salary before leaving the job. The calculation includes deductions for social security and unemployment insurance premiums, and then income and stamp taxes are deducted to determine the net payment.
LEAVE RIGHTS ACCORDING TO WORKING TIME
The number of leave days according to the length of service is as follows:
For employees with 1-5 years of service: At least 14 days
For employees with 5-15 years of service: At least 20 days
For employees with 15 years or more of service: At least 26 days
For employees under 18 and over 50: At least 20 days in all cases
The employer may exceed these periods if desired but cannot go below them.
OTHER LEAVES CANNOT BE DEDUCTED FROM ANNUAL LEAVE
Leaves granted for illness, unpaid leave, or social reasons cannot be deducted from the annual leave right. The annual leave period must be granted in one piece by law. Partial use can only be done with the mutual consent of the employee and employer, in blocks of at least 10 days.