Annual leave is guaranteed: Experts issue a 5-year warning
Employees are often unable to take their annual leave due to employers denying requests or a lack of time. Experts emphasize that the right to paid annual leave is guaranteed by the constitution and note that workers can claim their rights within a 5-year period to protect against abuses.
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Employees are often unable to use their annual leave due to reasons such as employers not granting permission or a lack of time. Experts, touching upon the lesser-known aspects of the right to annual paid leave guaranteed by the constitution, emphasized that abuses must be prevented and highlighted the importance of the 5-year period.
According to a report by Ahmet Kıvanç from Habertürk, some employers use various methods to avoid paying for unused leave, sometimes making it appear as though the worker has taken leave they did not actually use. However, the burden of proof to demonstrate that a worker has taken their annual leave lies with the employer.
Employers are required to prove that leave has been granted through signed leave records or similar documentation. However, some employers may obtain written statements from employees for leave that was not actually taken. Despite the existence of such documents, the Court of Cassation may issue rulings stating that if it is unclear whether the leave was actually used, courts should take the employee's statement into account.
Employees can request payment for unused leave when they leave their jobs. How the employment contract is terminated does not make a difference in this regard. Even if the worker is dismissed by the employer without a valid reason, the payment for unused leave is paid based on the last salary received.
An application for the payment of leave fees must be made within 5 years after leaving the job. If the employer does not make the payment, a lawsuit must be filed within 5 years. Once the five-year statute of limitations has expired, leave fees cannot be claimed.
Employees who are forced to sign documents under pressure from their employer despite not taking their leave due to fear of losing their jobs must collect evidence to receive their leave pay when they leave the job. Workers who can prove that they actually worked on days they were shown as being on paid annual leave can claim these rights by filing a lawsuit.