LABOR LAWLABOR LAW

LABOR LAWLABOR LAW

INDIVIDUALLABOR LAW

COLLECTIVE LABOR LAW

Individual labor law dealswith relations between the worker and the employerby taking themas individual partiesin a contractual context.

 

Collective labor law covers the unions andregulates collectivelabor relations.

Legal Sources of Turkish LaborLegal Sources of Turkish Labor LawLaw

Individual Labor Individual Labor LawLaw

Labor ActLabor Act

Turkish Turkish Code of Code of Obligations Obligations

(arts.3(arts.393-46993-469)) « «Home-Home-based work»based work»

(ats.461-469)(ats.461-469)

Marine Labor ActMarine Labor Act

Collective Labor Collective Labor LawLaw

Trade Unions Trade Unions andandCollective AgreementCollective Agreement

Act Act

The Goal of Labor LawThe Goal of Labor Law

The goal of labor laws is to equalize The goal of labor laws is to equalize the bargaining power between the bargaining power between employers and employees by employers and employees by making regulations from the point making regulations from the point of view of the workersof view of the workers..

Labor laws primarily deal with the Labor laws primarily deal with the relationship between employers relationship between employers and worker/unions. and worker/unions.

Labor laws grant employees the Labor laws grant employees the right to unionize and allows right to unionize and allows employers and employees to employers and employees to engage in certain activities.engage in certain activities.

Purpose and Scope of Labor ActPurpose and Scope of Labor Act (Article (Article 1)1)

The purpose of this Act is to regulate the working The purpose of this Act is to regulate the working

conditions and work-related rights and obligations of conditions and work-related rights and obligations of employers and employees working under an employers and employees working under an employment contract.employment contract.

With the exception of those cited in Article 4, this Act With the exception of those cited in Article 4, this Act shall apply to all the establishments and to their shall apply to all the establishments and to their employers, employer’s representatives and employees, employers, employer’s representatives and employees, irrespective of the subject matter of their activities.irrespective of the subject matter of their activities.

Establishments, employers, employer’s representatives Establishments, employers, employer’s representatives and employees shall be subject to this Act irrespective and employees shall be subject to this Act irrespective of the date of the notification to be made to the of the date of the notification to be made to the regional directorate of labor under Article 3. regional directorate of labor under Article 3.   

The provisions of Labor Act shall not apply to the activities and employment relationships mentioned below according to the Article 4;

a) Sea and air transport activities,b) In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out.c) Any construction work related to agriculture which falls within the scope of family economy,d) In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included),e) Domestic services,f) Apprentices, without prejudice to the provisions on occupational health and safety,g) Sportsmen,h) Those undergoing rehabilitation,i) Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,

However, the following shall be subject to this Act;

   a) Loading and unloading operations to and from ships at ports and landing stages,   b) All ground activities related to air transport,   c) Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for use in agricultural operations, d) Construction work in agricultural establishments, e) Work performed in parks and gardens open to the public or subsidiary to any establishment, f) Work by seafood producers whose activities are not covered by the Maritime Labor Act and not deemed to be agricultural work.  

Definitions (Definitions (Labor Act, Art.2Labor Act, Art.2)) Worker:Worker: Any person working based on a Any person working based on a

labor contractlabor contractEmployerEmployer:: Any real or corporate person or Any real or corporate person or

agencies and organizations not having agencies and organizations not having corporate personality employing workers corporate personality employing workers

Employer Employer representatives:representatives:

The employer’s representative is the person The employer’s representative is the person acting on behalf of the employer and charged acting on behalf of the employer and charged with the direction of work, the establishment with the direction of work, the establishment and enterprise. The employer is directly liable and enterprise. The employer is directly liable towards the employees for the conduct and towards the employees for the conduct and responsibilities of his representative acting in responsibilities of his representative acting in this capacity.this capacity.

Any obligations and responsibilities for which Any obligations and responsibilities for which the employer is liable under this Act shall also the employer is liable under this Act shall also be borne by the employer’s representative. be borne by the employer’s representative. Bearing the status of an employer’s Bearing the status of an employer’s representative does not abrogate the rights representative does not abrogate the rights and obligations which one has as an employee.and obligations which one has as an employee.

BusinessBusiness:: Any unit where material and Any unit where material and immaterial elements and workers are immaterial elements and workers are organized together by the employer for organized together by the employer for producing goods or service.  producing goods or service.  

Places qualitatively connected to the goods Places qualitatively connected to the goods or services produced by the employer at the or services produced by the employer at the business and organized under the same business and organized under the same management (places connected to the management (places connected to the business) and other annexes such as business) and other annexes such as refreshment, baby feeding, meal, sleeping, refreshment, baby feeding, meal, sleeping, washing, examination and care, physical and washing, examination and care, physical and professional training locations and courtyards professional training locations and courtyards and equipment are also considered within the and equipment are also considered within the business.business.

Principal Principal Employer/SubcontractorEmployer/Subcontractor

The connection between the subcontractor who undertakes to carry The connection between the subcontractor who undertakes to carry out work in auxiliary tasks related to the production of goods and out work in auxiliary tasks related to the production of goods and services or in a certain section of the main activity due to services or in a certain section of the main activity due to operational requirements or for reasons of technological operational requirements or for reasons of technological expertise in the establishment of the main employer (the expertise in the establishment of the main employer (the principal employer) and who engages employees recruited for principal employer) and who engages employees recruited for this purpose exclusively in the establishment of the main this purpose exclusively in the establishment of the main employer is called “the principal employer-subcontractor employer is called “the principal employer-subcontractor relationship”. relationship”.

The principal employer shall be jointly liable with the subcontractor The principal employer shall be jointly liable with the subcontractor for the obligations ensuing from this Labor Act, from employment for the obligations ensuing from this Labor Act, from employment contracts of subcontractor's employees or from the collective contracts of subcontractor's employees or from the collective agreement to which the subcontractor has been signatory.agreement to which the subcontractor has been signatory.

The rights of the principal employer’s employees shall not be The rights of the principal employer’s employees shall not be restricted by way of their engagement by the subcontractor, and restricted by way of their engagement by the subcontractor, and no principal employer – subcontractor relationship may be no principal employer – subcontractor relationship may be established between an employer and his ex- employee. established between an employer and his ex- employee. Otherwise, based on the notion that the principal employer- Otherwise, based on the notion that the principal employer- subcontractor relationship was fraught with a simulated act, the subcontractor relationship was fraught with a simulated act, the employees of the subcontractor shall be treated as employees of employees of the subcontractor shall be treated as employees of the principal employer. The main activity shall not be divided and the principal employer. The main activity shall not be divided and assigned to subcontractors, except for operational and work- assigned to subcontractors, except for operational and work- related requirements or in jobs requiring expertise for related requirements or in jobs requiring expertise for technological reasons. technological reasons. 

Labor ContractLabor Contract

Labor contract is the contract where one party Labor contract is the contract where one party (worker) agrees to work dependently and the other (worker) agrees to work dependently and the other party (employer) undertakes to pay wage. Unless party (employer) undertakes to pay wage. Unless otherwise set forth in Law, labor contract is not otherwise set forth in Law, labor contract is not subject to a special form. Labor contracts with one subject to a special form. Labor contracts with one year and longer term have to be made in writing year and longer term have to be made in writing

    (Lab(Lab A. art.8).A. art.8). Distinguishing CharacteristicsDistinguishing Characteristics

Obligation To WorkObligation To WorkObligation To Pay WagesObligation To Pay WagesCommitment and SubordinationCommitment and Subordination

  

         

Freedom to Determine Type and Forms Freedom to Determine Type and Forms of Work of Work

ARTICLE 9ARTICLE 9 – – The parties can arrange the The parties can arrange the labor contract in the type appropriate for labor contract in the type appropriate for their requirements, provided that the their requirements, provided that the limitations brought about by the limitations brought about by the provisions of Law are reserved.provisions of Law are reserved.Labor contract are made for a definiteLabor contract are made for a definite (Fixed) or indefinite(Fixed) or indefinite (open-ended) period. (open-ended) period. These contracts may be made with full-These contracts may be made with full-time or part-time, with trial period, or in time or part-time, with trial period, or in other types with respect to forms of other types with respect to forms of work.work.

  

Age of EmploymentAge of EmploymentARTICLE 71.ARTICLE 71. – – It is prohibited to employ It is prohibited to employ children who did not complete the age of children who did not complete the age of fifteen. However, those children who have fifteen. However, those children who have completed the age of fourteen and primary completed the age of fourteen and primary education may be employed in light education may be employed in light positions which do not obstruct their positions which do not obstruct their physical, mental and moral development physical, mental and moral development and education of those who attend schoolsand education of those who attend schools..

ObligationsObligations

Obligations of Obligations of the Employerthe EmployerTo pay wageTo pay wage

To take preventive To take preventive measuresmeasures

To treat workers To treat workers equallyequally

Obligation to give Obligation to give work an provide work an provide necessary toolsnecessary tools

Obligations of the Obligations of the WorkerWorkerTo workTo workTo obey the To obey the instructions of the instructions of the employeremployerTo be loyal to the To be loyal to the employeremployerTo refrain from To refrain from competing competing

Time Element in Contracts of Time Element in Contracts of EmploymentEmployment A contract of employment that is entered into with A contract of employment that is entered into with a determined period of time is called a determined period of time is called a contract of a contract of employment for a definite duration.employment for a definite duration. Contract of employment that does not contain any Contract of employment that does not contain any time limit is called a contract of employment for time limit is called a contract of employment for indefinite period of time. indefinite period of time. The important point here is the contracts with a The important point here is the contracts with a time limit automatically expires at the end of the time limit automatically expires at the end of the specified period -or that, as the case may be- and specified period -or that, as the case may be- and may not be cancelled by a notice of termination may not be cancelled by a notice of termination while the contract is in force. while the contract is in force. But, the contracts with indefinite period may be But, the contracts with indefinite period may be terminated by giving a notice of cancellation to the terminated by giving a notice of cancellation to the other party at any time. other party at any time.

  

CancellationCancellation1.1.Notice of Termination - PeriodsNotice of Termination - PeriodsA contract of employment for an indefinite A contract of employment for an indefinite period may be terminated by a unilateral notice period may be terminated by a unilateral notice of termination by either party. of termination by either party.

Notice of termination is a unilateral juristic act Notice of termination is a unilateral juristic act directed to the other party and made with the directed to the other party and made with the intention to cancel the contract of employment intention to cancel the contract of employment after a certain period of time.after a certain period of time.

The consent of the other party is not necessary The consent of the other party is not necessary for the notice of termination to be effective. for the notice of termination to be effective. After the service is performed, the notice After the service is performed, the notice cannot be withdrawn nor the effects of the cannot be withdrawn nor the effects of the notice can be abrogated.notice can be abrogated.

 

 

Periods of NoticeThe terminating party must allow a certain period The terminating party must allow a certain period of time to the other party and the notice of of time to the other party and the notice of termination becomes effective upon the expiry of termination becomes effective upon the expiry of this period.this period.

The contract of employment shall remain valid The contract of employment shall remain valid and binding between the parties during this and binding between the parties during this period.period.

Periods of notice are determined proportionately Periods of notice are determined proportionately with the seniority of the worker are valid for both with the seniority of the worker are valid for both parties parties (LabA. art.17)(LabA. art.17). Periods are counted from . Periods are counted from the day following the service.the day following the service.

The contract shall then terminate:The contract shall then terminate:

Two weeks after the notification of the other Two weeks after the notification of the other party for workers who have worked less than party for workers who have worked less than six months six months

Four weeks after the notification of the other Four weeks after the notification of the other party for workers who have worked between party for workers who have worked between six months and one and a half year six months and one and a half year

Six weeks after the notification of the other Six weeks after the notification of the other party for workers who have worked between party for workers who have worked between one and a half year and three years one and a half year and three years

Eight weeks after the notification of the other Eight weeks after the notification of the other party for workers who have worked more party for workers who have worked more than three years than three years

These are the mandatory minimum These are the mandatory minimum periods; they can be extended by agreement periods; they can be extended by agreement between the parties.between the parties.

(Pay in Lieu of Notice)(İhbar Tazminatı)

The party, which terminates a contract of The party, which terminates a contract of employment without giving period of notice, employment without giving period of notice, shall be liable to pay damages to the other shall be liable to pay damages to the other party, commensurate with the relevant period party, commensurate with the relevant period of time.of time.

(equal to the wages and all other profits be (equal to the wages and all other profits be deprived of for legal termination period)deprived of for legal termination period)

This is a kind of liquidated damages and the This is a kind of liquidated damages and the other party will have the right to claim further other party will have the right to claim further compensation where he has suffered more compensation where he has suffered more damages damages (LabA. art.17).(LabA. art.17).

  

Procedure in terminationProcedure in terminationARTICLE 19.ARTICLE 19. - The notice of termination shall - The notice of termination shall be given by the employer in written from be given by the employer in written from involving the reason for termination which must involving the reason for termination which must be specified in clear and precise terms.be specified in clear and precise terms.

The employment of an employee engaged The employment of an employee engaged under a contract with an open-ended term shall under a contract with an open-ended term shall not be terminated for reasons related to the not be terminated for reasons related to the worker’s conduct or performance before he is worker’s conduct or performance before he is provided an opportunity to defend himself provided an opportunity to defend himself against the allegations made. The employer’s against the allegations made. The employer’s right to break the employment contract in right to break the employment contract in accordance with Article 25/II of the Labor Act accordance with Article 25/II of the Labor Act (for serious misconduct or malicious or immoral (for serious misconduct or malicious or immoral behaviors of the employee) is, however, behaviors of the employee) is, however, reserved. reserved.

Job SecurityJob SecurityAny employer who terminates the Any employer who terminates the

indefinite-termed labor contract of a worker indefinite-termed labor contract of a worker with with at least six months of serviceat least six months of service at a at a business business employing thirty or more workersemploying thirty or more workers has has to ground the termination to ground the termination on a valid reasonon a valid reason arising out of the qualification or behaviors of arising out of the qualification or behaviors of the worker or the requirements of the the worker or the requirements of the enterprise, business or work.enterprise, business or work.

Procedure of appeal against Procedure of appeal against terminationtermination

ARTICLE 20.ARTICLE 20. - The employee who alleges that no reason - The employee who alleges that no reason was given for the termination of his employment contract was given for the termination of his employment contract or who considers that the reasons shown were not valid to or who considers that the reasons shown were not valid to justify the termination shall be entitled to lodge an appeal justify the termination shall be entitled to lodge an appeal against that termination with the labor court within one against that termination with the labor court within one month of receiving the notice of termination. If there is an month of receiving the notice of termination. If there is an arbitration clause in the collective agreement or if the arbitration clause in the collective agreement or if the parties so agree, the dispute may also be referred to parties so agree, the dispute may also be referred to private arbitration within the same period of time.private arbitration within the same period of time.

The burden of proving that the termination was based on The burden of proving that the termination was based on a valid reason shall rest on the employer. However, the a valid reason shall rest on the employer. However, the burden of proof shall be on the employee if he claims that burden of proof shall be on the employee if he claims that the termination was based on a reason different from the the termination was based on a reason different from the one presented by the employer.one presented by the employer.

The court must apply fast-hearing procedures and The court must apply fast-hearing procedures and conclude the case within two months. In the case the conclude the case within two months. In the case the decision is appealed, the Court of Cassation must issue its decision is appealed, the Court of Cassation must issue its definitive verdict within one month. definitive verdict within one month.

Consequences of termination without a valid Consequences of termination without a valid reasonreason

ARTICLE 21.ARTICLE 21. - - If the court or the arbitrator concludes that the termination is If the court or the arbitrator concludes that the termination is unjustified because no valid reason has been given or the alleged reason is unjustified because no valid reason has been given or the alleged reason is invalid, the employer must re-engage the employee in work within one month. If, invalid, the employer must re-engage the employee in work within one month. If, upon the application of the employee, the employer does not re-engage him in upon the application of the employee, the employer does not re-engage him in work, compensation to be not less than the employee’s four months’ wages and work, compensation to be not less than the employee’s four months’ wages and not more than his eight months’ wages shall be paid to him by the employer.not more than his eight months’ wages shall be paid to him by the employer.

In its verdict ruling the termination invalid, the court shall also designate the In its verdict ruling the termination invalid, the court shall also designate the amount of compensation to be paid to the employee in case he is not re-amount of compensation to be paid to the employee in case he is not re-engaged in work.engaged in work.

The employee shall be paid up to four months’ total of his wages and other The employee shall be paid up to four months’ total of his wages and other entitlements for the time he is not re-engaged in work until the finalization of the entitlements for the time he is not re-engaged in work until the finalization of the court’s verdict. If advance notice pay or severance pay has already been paid to court’s verdict. If advance notice pay or severance pay has already been paid to the reinstated employee, it shall be deducted from the compensation computed the reinstated employee, it shall be deducted from the compensation computed in accordance with the above-stated subsections. If term of notice has not been in accordance with the above-stated subsections. If term of notice has not been given nor advance notice pay paid, the wages corresponding to term of notice given nor advance notice pay paid, the wages corresponding to term of notice shall also be paid to the employee not re-engaged in work.shall also be paid to the employee not re-engaged in work.

For re-engagement in work, the employee must make an application to the For re-engagement in work, the employee must make an application to the employer within ten working days of the date on which the finalized court verdict employer within ten working days of the date on which the finalized court verdict was communicated to him. If the employee does not apply within the said period was communicated to him. If the employee does not apply within the said period of time, termination shall be deemed valid, in which case the employer shall be of time, termination shall be deemed valid, in which case the employer shall be held liable only for the legal consequences of that termination.held liable only for the legal consequences of that termination.

The provisions of subsections 1,2 and 3 of this Article shall not be altered by any The provisions of subsections 1,2 and 3 of this Article shall not be altered by any agreement whatsoever; any agreement provisions to the contrary shall be agreement whatsoever; any agreement provisions to the contrary shall be deemed null and void. deemed null and void.

Change in working conditions and Change in working conditions and termination of the contracttermination of the contract

ARTICLE 22.ARTICLE 22. - Any change by the employer in working - Any change by the employer in working conditions based on the employment contract, on the rules conditions based on the employment contract, on the rules of work which are annexed to the contract, and on similar of work which are annexed to the contract, and on similar sources or workplace practices, may be made only after a sources or workplace practices, may be made only after a written notice is served by him to the employee. Changes written notice is served by him to the employee. Changes that are not in conformity with this procedure and not that are not in conformity with this procedure and not accepted by the employee in written form within six accepted by the employee in written form within six working days shall not bind the employee. If the employee working days shall not bind the employee. If the employee does not accept the offer for change within this period, the does not accept the offer for change within this period, the employer may terminate the employment contract by employer may terminate the employment contract by respecting the term of notice, provided that he indicates in respecting the term of notice, provided that he indicates in written form that the proposed change is based on a valid written form that the proposed change is based on a valid reason or there is another valid reason for termination. In reason or there is another valid reason for termination. In this case the employee may file suit according to the this case the employee may file suit according to the provisions of Articles 17 and 21.provisions of Articles 17 and 21.

By mutual agreement the parties may always change By mutual agreement the parties may always change working conditions. Change in working conditions may not working conditions. Change in working conditions may not be made retroactive. be made retroactive.

2. Immediate TerminationUnder certain circumstances, each party to a Under certain circumstances, each party to a contract of employment would be entitled to contract of employment would be entitled to terminate the contract with immediate effect, terminate the contract with immediate effect, without giving a period of notice nor paying any without giving a period of notice nor paying any damages. damages.

LabA. lays down rules for this contingency in LabA. lays down rules for this contingency in arts. 24-arts. 24-2525 respectively on the part of the worker and the respectively on the part of the worker and the employer. employer.

Termination with immediate effect must be based on Termination with immediate effect must be based on justifiable grounds and the terminating party is under justifiable grounds and the terminating party is under obligation to state the ground in the notice of obligation to state the ground in the notice of termination and prove the occurrence of it in case of termination and prove the occurrence of it in case of any future litigation. The terminating party is barred any future litigation. The terminating party is barred from stating any other -or different- cause then the from stating any other -or different- cause then the one he has declared in the noticeone he has declared in the notice..

  

Right of immediate termination of worker on Right of immediate termination of worker on justified groundsjustified grounds    ARTICLE 24. –    ARTICLE 24. – The worker can terminate the labor The worker can terminate the labor contract with definite or indefinite term before the contract with definite or indefinite term before the expiry of its period or without waiting for the expiry of its period or without waiting for the notification period in the following cases:notification period in the following cases:

        I. Health reasonsI. Health reasons II. Cases contradicting to rules of ethic and goodwill II. Cases contradicting to rules of ethic and goodwill

and similar casesand similar cases III. Force majorIII. Force major

        Right of immediate termination of employer on Right of immediate termination of employer on justified groundsjustified grounds    ARTICLE 25. –     ARTICLE 25. – The employer can terminate the labor The employer can terminate the labor contract with definite or indefinite term before the expiry of contract with definite or indefinite term before the expiry of its period or without waiting for the notification period in the its period or without waiting for the notification period in the following cases:following cases:

        I- Health reasonsI- Health reasons         II- Cases contradicting to rules of ethic and goodwill and II- Cases contradicting to rules of ethic and goodwill and

similar casessimilar cases

        III- Force majorIII- Force major IV- In case the worker is detained or arrested, when IV- In case the worker is detained or arrested, when

his/her absence exceeds the notification period indicated in his/her absence exceeds the notification period indicated in article 17.article 17.

SEVERANCE PAY(Kıdem Tazminatı)(Kıdem Tazminatı)

İs paid to the worker by the employer upon İs paid to the worker by the employer upon termination of the contract of employment termination of the contract of employment because of the following reasons:because of the following reasons:

i.i. By the employer for reasons other than the By the employer for reasons other than the conducts of the worker against good-will and conducts of the worker against good-will and morals. morals. ((Article 25/II)Article 25/II)

ii.ii. By the worker for reasons of health or By the worker for reasons of health or conducts of the employer against good-will conducts of the employer against good-will or morals or force majeure; (Article 24) or morals or force majeure; (Article 24)

iii. By the worker due to mandatory military service;

iv. Due  to death of the workerv. Due to the marriage of woman worker in the

one year after marriage date.

The worker must have a seniority of one full year to claim seniority pay and the amount is calculated in proportion to the length of service of the worker. The worker becomes entitled to “30” days salary for each year of service. However, there is a ceiling for the seniority payment. Its upper limit per year cannot exceed the upper limit per year of the retirement bonus paid to the highest level civil servant employed by the state (Highest level civil servant is the Under-secretary of Prime Ministry- Başbakanlık Müsteşarı) .   

Work HoursWork Hours

Work hours are set by LabA. On weekly basis(art.63). The weekly maximum period is “45” hours. From this rule it follows that the daily upper limit where Saturday is a day-off shall be “9” hours and “7.5” hours where workers are working on Saturdays.

Provided that the parties have so agreed, working time may be divided by the days of the week worked in different forms on condition that the daily working time must not exceed “11” hours. In this case, within a time period of two months, the average weekly working time of the employee shall not exceed normal weekly working time.

This balancing (equalising) period may be increased up to four months by collective agreement.

 

BreaksBreaksThere must be a recess should be given continuously There must be a recess should be given continuously

and they are not included in the daily duration of and they are not included in the daily duration of work.work.

ARTICLE 68. ARTICLE 68. –– The workers are granted a break for; The workers are granted a break for; a.a. Fifteen minutes for jobs lasting four hours or Fifteen minutes for jobs lasting four hours or

shorter, shorter, b.b. Half hour for jobs lasting longer than four hours but Half hour for jobs lasting longer than four hours but

shorter than seven and a half hours (included), shorter than seven and a half hours (included), c.c. One hour for jobs lasting longer than seven an a One hour for jobs lasting longer than seven an a

half hours,half hours,

      

Paid VacationsPaid Vacations(Annual leave with pay(Annual leave with pay// Yıllık Ücretli İzinYıllık Ücretli İzin))

Workers are entitled to a certain period of paid vacation for each year. Workers are entitled to a certain period of paid vacation for each year. However, in order to get initially entitled to a paid vacation, one must be However, in order to get initially entitled to a paid vacation, one must be working for a full period of “365” days in that workplace since he working for a full period of “365” days in that workplace since he started. started.

It is regulated as “Employees who have completed a minimum of It is regulated as “Employees who have completed a minimum of one year of service in the establishment since their recruitment, one year of service in the establishment since their recruitment, including the trial period, shall be allowed to take annual leave including the trial period, shall be allowed to take annual leave with pay” by the article 53 of with pay” by the article 53 of LLabor Code.abor Code.

““The right to annual leave with pay shall not be waived.The right to annual leave with pay shall not be waived.

The provisions of this Act on annual leave with pay are not The provisions of this Act on annual leave with pay are not applicable to employees engaged in seasonal or other applicable to employees engaged in seasonal or other occupations which, owing to their nature, last less than one occupations which, owing to their nature, last less than one year.year.””

  

Leave periods according to article 53;Leave periods according to article 53;

TThe length of the employee’s annual leave with pay shall he length of the employee’s annual leave with pay shall not be less than;not be less than;   a) fourteen days if his length of service is between one   a) fourteen days if his length of service is between one and five years, (five included),and five years, (five included),   b) twenty days if it is more than five and less than    b) twenty days if it is more than five and less than fifteen years,fifteen years,   c) twenty-six days if it is fifteen years and more (fifteen    c) twenty-six days if it is fifteen years and more (fifteen included).included).

For employees below the age of eighteen and above the For employees below the age of eighteen and above the age of fifty, the length of annual leave with pay must not age of fifty, the length of annual leave with pay must not be less than twenty days.be less than twenty days.