Annual leave calculation in Türkiye: how many days, and how they are counted

How many days? The art. 53 table

An employee who has worked at least one year at the workplace from the start date, probation included, is entitled to paid annual leave (art. 53). The length depends on years of service; the figures in the law are minimums and may be increased by contract, never reduced.

Source: Turkish Labour Law No. 4857 art. 53. Annual leave rules do not apply to seasonal or campaign work that by its nature lasts less than a year.

When does the right arise? First year and deferral

The right arises on the day one year of service is completed. Granting leave before that is at the employer’s discretion; in practice it is called “advance leave” and is not a right.

• Service with the same employer is combined. Periods worked at one or more workplaces of the same employer are added up (art. 54/1).
• Some absences defer the anniversary. If attendance is interrupted for reasons not listed in art. 55, the gap is added and the entitlement date moves forward (art. 54/2). In practice unpaid leave is one of these reasons.
• Periods treated as worked do not defer it. Weekly rest days and public holidays, statutory compassionate leave (additional art. 2), maternity leave, paid leave granted by the employer and, within limits, sick days count as worked (art. 55).

How many days does a leave use up?

National holidays, weekly rest days and public holidays falling within the leave are not counted as leave (art. 56). A leave day is a working day of the workplace, not a calendar day. This rule cannot be changed by contract to the employee’s detriment.

The Saturday question. In a five-day week, Saturday is as a rule a working day and is deducted from annual leave; the Court of Cassation’s 9th Civil Chamber ruled this way (2021/897 E., 2021/5272 K.). If the contract expressly designates Saturday as a weekly rest day, it is not deducted.

Example. At a workplace open Monday to Friday, where Saturday is not designated as a rest day, an employee takes a 12-day span starting on a Monday and ending on the following week’s Friday. One Sunday falls in it and no public holiday: 12 − 1 = 11 days are deducted. Had a public holiday fallen in the span, 10 days would be deducted.

Can leave be split?

The employer cannot split annual leave and must grant it continuously. By agreement of the parties, however, it may be taken in parts, provided one part is at least ten days (art. 56). Other paid or unpaid leave, rest or sick leave granted during the year cannot be offset against annual leave.

An employee spending the leave somewhere other than where the workplace is located must, on request and with proof, be given up to four days of unpaid travel leave in total for the journey there and back (art. 56).

Leave pay and unused leave on leaving

• Paid in advance. Pay for the leave period is paid before the leave starts, in advance or as an advance payment (art. 57). Weekly rest and public holiday pay falling within the leave is paid separately.
• Converted to pay on leaving. However the contract ends, earned but unused leave is paid at the wage on the termination date; the limitation period starts on that date (art. 59).
• Records are mandatory. The employer must keep an annual leave record (art. 56). In a dispute, the burden of proving that leave was granted lies, in practice, on the employer.

In our workforce management system annual leave entitlement is calculated from service and age, the date the right will arise is shown before the first year is complete, and leave days are counted against the company’s working calendar and public holidays. See the workforce management page.

This guide is for information only and is not legal or payroll advice. Your collective agreement or employment contract may contain more favourable terms.