Precautionary Changes In The Employer’s Working Relationship Due To Coronavirus
Use of Unpaid Leave
Within the scope of Article 22 of the Labor Law No. 4857, in order for the employee to be granted unpaid leave, the employer must
by offering unpaid leave of absence within 6 (six) working days and submit a written notice of this issue within 6 (six) working days.
approval is required.
This issue has been clarified by the decisions of the Court of Cassation and it is stated that “the parties
the employment contract will remain suspended during the period of unpaid leave”. Labor
during this period of suspension of the contract, the employee will not work and the employer will not pay wages to the employee.
will not be paid. In the event of suspension, not only the actual wage but also the wage supplements are not paid. During this period
The employee will bear the operational risk that belongs to the employer.5
As can be understood from our explanations, unpaid leave granted by the employer without the employee’s request
is not possible. For this reason, in cases where the employee does not request unpaid leave, the employer may
other remedies, which we will explain in the following way.
Granting Paid Leave
Annual paid leave is granted by the employer within the periods specified in Article 53 of the Labor Law No. 4857.
by the employer on a continuous basis. Article 60 of the Labor Law No. 4857
Article 7 of the Regulation on Annual Paid Leave, which was prepared and put into force
procedure is explained. According to the aforementioned article, the employee must submit his/her leave request at least 1 (one)
must notify the employer one month in advance.
Annual paid leave cannot be divided by the employer. However, in Article 53 of the Labor Law No. 4857
The annual paid leave periods stipulated foreseen shall not be less than 10 (ten) days in one part with the agreement of the parties.
can be used in sections. As it can be understood from here, workers can use their annual leave
(ten) days, but not less than ten days.
Article 8 of the Annual Paid Leave Regulation stipulates that the employer is bound by the date of the employee’s leave
the leave period will be determined by taking into account the worker’s request and work situation. It is also stated that
The Court of Cassation ruled that it is possible for the employer to grant annual leave to the employees within the scope of the employer’s right to manage
is accepted. In the ordinary working period, the Court of Cassation has held that the determination of annual leave belongs to the employer.
that it is not possible to agree with their decision, but it is not possible to agree with their decision that it is not possible to agree with their decision that it is not possible to agree with their decision that it is
the employer during the pandemic, taking into account that it is in the interest of the employee in order to reduce damages
It will be possible for the employer to allow the workers to take annual leave. At this point, the annual leave period
must be spent with complete rest, and therefore, as telecommuting
should not be evaluated.
In Article 10 of the Regulation on Annual Paid Leave, titled “Collective Leave”, employers are required to take the following actions: “The employer or
the employer’s representative may, during the period between the beginning of April and the end of October, dismiss all or part of the workers
may apply collective leave covering the months specified in the article due to the spread of the epidemic to the months specified in the article.
In case of a collective leave, it seems possible for the employer to grant collective leave.
Again, Article 11 of the Regulation on Annual Paid Leave states; “In case of collective leave, the employer or
the employer’s representative, the protection of the workplace, the maintenance of tools, equipment, equipment or machinery at the workplace,
sufficient number of workers for mandatory situations such as preparing, cleaning or ensuring safety
may exclude collective leave. The annual leave of those in this situation may be taken before or after the collective leave period.
given on the date of their choice.” As it is also stated in the statement, in case of collective leave utilization, it is also stated that
We are of the opinion that the leave granted should be deducted from the workers’ annual paid leave.
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