21 Temmuz 2013
Human Resources Manager
STATUTORY LEAVES UNDER TURKISH LABOR LAW
Under Turkish Labor Law (Law no. 4857) there is a variety of leaves provided to the employees. Availability of the leaves and their length is determined in the different articles of the Turkish Labor Law. Types of leaves under the Turkish labor law are as follows; Annual leave, Maternity leave, Nursing leave, Bereavement leave and Leave for seeking a new job.
In Turkey, all employees are entitled to have a paid annual leave with the condition of completing minimum one year of service (including trial period) in the workplace. The right to annual leave with pay cannot be waived. Turkish Labor Law regulates the conditions, length and the application of annual leave under the articles between 53 and 61.
Length of the annual leave changes in accordance with the length of service of the employee. As per article 53, the length of the employee’s annual leave with pay shall not be less than;
These determined minimum annual leave periods can be extended by the employment contracts. Moreover for employees below the age of eighteen years old (18) and above the fifteen years old (50), the length of the annual leave cannot be less than twenty (20) days.
Due to their nature of work, rules on the annual leave are not applicable to the seasonal works. Calculation of length of services plays crucial importance in the entitlement of the annual leaves. In accordance with article 55 of the Turkish Labor Law, following periods are regarded within the length of services;
As per article 56, in the existence of mutual agreement between employee and employer, annual leave period can be divided into three parts which one of the parts cannot be less than (10) ten days. Other types of paid or unpaid leaves such as sick leave cannot be deducted from annual leave period. National holidays, public holidays and weekly rest days also cannot be included in the annual leave period. Upon the request of the employee, on the condition of providing documentary evidence showing he/she will spend annual leave at a place other than where the workplace is located, employer is entitled to grant (4) four days unpaid leave.
Maternity and nursing leave is regulated by the article 74 of the Turkish Labor Law. Accordingly all female employees are entitled to maternity leave from work (8) eight weeks before and (8) eight weeks after the confinement. In the case of multiple pregnancies, additional (2) two weeks added to the entitled (8) eight weeks leave before the confinement. Upon her request, a female employee may continue to work until the (3) three weeks before the delivery with the written consent of medical doctor. In such case the unused period of maternity leave is added to the post confinement period. During the maternity leave, employer is not required to pay monthly salary of the employee. However after the maternity leave period, female employees receive temporary incapacity allowance from the Social Security Institution. Temporary incapacity allowance is calculated on the basis of two third of gross daily income of the employee for the whole maternity leave period. Upon the request of the employee, an unpaid maternity leave up to (6) six months might be granted after the expiry of the maternity leave. Unpaid maternity leave is not considered within the employee’s one year service.
Article 74 of the Turkish labor law also regulates the nursing leaves of the female employees. All female employees are allowed daily a total of one and half hour nursing leave from their return to work until their infant turns (1) one year old. Nursing leave is considered within the daily working time. Employee herself decides when and in how many parts she will use the nursing leave.
In the event of marriage, as per article 46 (b) of the Turkish labor law, employees are entitled to (3) three days paid leave.
As per article 46 (b) of the Turkish labor law, employees are entitled to (3) three days of paid leave in the event of the death of the employee’s mother, father, spouse, brother or sister, and child.
In accordance with article 46 ( c ) of the Turkish labor law, all employees are entitled to maximum one week paid sick leave upon production of confirmative medical report. Sick leave might be extended. Extended sick leave is granted on unpaid basis. In the case of sick leave that exceeds (6) six weeks beyond the notice periods determined in Labor Law, employment contract may be terminated without notice.
Notice periods are determined under the article 17 of Labor Law. Minimum notice periods are set on the basis of length of employment. Accordingly;
Employers might have right to terminate employment contracts without notice in the case of sick leave that exceeds six weeks beyond the above notice periods. For instance for an employee who using sick leave and have worked less than six weeks, employer has the right to terminate employment contract without notice after (8) eight weeks. (2 weeks notice + 6 weeks sick leave)
LEAVE FOR SEEKING A NEW JOB
As per article 27, during notice period, all employees are entitled to use no less than two hours times-off within working hours to seek new job. Job seeking hours might be merged and can be used at one time. If the employee works during the job seeking hours, employer should compensate job seeking hours with twice amount of salary in addition to employee’s normal salary.
b) Twenty days (20) if it is more than five and less than fifteen years
c) Twenty-six days (26) if it is fifteen years and more (fifteen included) MATERNITY LEAVETotal 16 weeks, (in the case of multiple pregnancies total 18 weeks) – (8) eight weeks before and (8) eight weeks after the confinement. In the case of multiple pregnancies additional (2) two weeks added to the entitled (8) eight weeks leave before the confinement. (Article 74) NURSING LEAVEDaily a total of one and half hour (Article 74) MARRIAGE LEAVEThree days as per article 46 (b) of Turkish labor Law BEREAVEMENT LEAVEThree days as per article 46 (b) of Turkish labor Law SICK LEAVEOne week paid leave upon the production of medical report LEAVE FOR SEEKING A NEW JOBNo lesser than (2) two hours job seeking leave during the notice period. (Article 27)
(1) Law no.4857, Art. 25. – The employer may break the contract, whether for a definite or indefinite period, before its expiry or without having to comply with the prescribed notice periods, in the following cases:
(2) Law no.4857, Art. 66 – The following periods shall be considered as the employee’s daily working hours:
Time for transportation to and from the establishment which is not a requirement of the activity but is provided by the employer solely as a form of amenity shall not be regarded as part of the statutory working time.