Precedent-setting ruling from the Court of Cassation on leave rights for working retirees

The 9th Civil Chamber of the Court of Cassation has issued a precedent-setting ruling regarding the calculation of annual leave for employees who work in different periods at workplaces belonging to the same employer, as well as for workers who continue to work at the same workplace after retirement.

The High Court ruled that the fact that annual leave for the first period of employment was taken or that payment for unused leave was made does not prevent the previous seniority from being taken into account when determining the number of annual leave days for the second period of employment.

According to Ahmet Kıvanç from Habertürk, the lawsuit was filed by a worker who was employed at a workplace belonging to the same employer between April 9, 2015, and December 31, 2018, and again between January 1, 2019, and September 10, 2021. The worker requested payment of their claims, stating that the unused annual leave periods had been calculated incorrectly.

The employer's side argued that all claims for the first period had been paid, that the worker had subsequently started working on a new project, and that therefore the leave period for the second term should be calculated from scratch.

APPEALS COURT RULING OVERTURNED

The court of first instance found in favor of the worker. However, the Regional Court of Justice ruled in favor of the employer on the grounds that the first employment period had been settled.

Reviewing the file on appeal, the 9th Civil Chamber of the Court of Cassation found the appellate court's decision to be erroneous and overturned it. The ruling emphasized that seniority from the previous period must be taken into account when calculating the duration of paid annual leave earned in the second period.

The decision is expected to resolve uncertainties in practice regarding annual leave calculations, particularly for workers who continue to work at the same workplace after retiring by benefiting from the EYT (Retirement Age Regulation) arrangement.

News Source: 12punto