Yargı Kararları Işığında Yıllık Ücretli İzin Hakkı

The right to rest is considered a constitutional right and is also included in the Labor Law No. 4857. Within the scope of the right to rest in the Labor Law No. 4857, a break during the daily working period and a week holiday during the weekly working period are regulated. In addition, employees have the right to rest during the annual working period. The right to annual leave, in particular, enables the employees to work more efficiently. It also serves to prevent work accidents. The dynamic nature of working life has caused this area not to be adequately regulated by law. For this reason, judicial decisions have an important place in the field of Labor Law. Accordingly, the right to annual paid leave right, which is one of the consequences of termination of employment contract, has been shaped by mainly judicial decisions. In addition to the conditions for entitlement to annual leave, Judicial decisions have a decisive place in many employment issues. Consequently, the 9th Civil Chamber of the Supreme Court of Appeals also touched upon the three issues related to annual leave in 3 of 41 articles in its policy decisions published in 2020. These decisions also included important changes. In the study, Judicial decisions made within the realm of the right to annual leave will be the subject of examination.