(Published in the Official Gazette dated 03.03.2004 and numbered 25391.) SECTION ONE
Purpose, Scope and Basis

Goal

Article 1 – The purpose of this Regulation is to specify the procedures and principles of annual paid leave to be given to workers by employers in accordance with Article 53 of the Labor Law No. 4857.

Scope

Article 2 – Based on the Labor Law No. 4857, annual paid leave to be made available to employers by employers shall be carried out in accordance with the procedures and principles specified in this Regulation for the establishments falling within the scope of Article 1 of the same Law.

Rest

Article 3 – This Regulation has been prepared based on Article 60 of the Labor Law dated 22/5/2003 and numbered 4857.

SECOND PART

Determination and Use of Permission

Entitlement to Annual Paid Release

Article 4 – The date on which each worker is entitled to paid annual leave, in the light of the provisions of the first paragraph and the 54th article of the Labor Law, and the 55th article of the Labor Act, shall be recorded in the annual payroll registration document referred to in Article 20 of this Regulation.

The periods during which the employee works in the workplaces of the same employer are combined on the account of the annual leave and the number of employees required to qualify for the visa. As far as the account is concerned, the period during which an employer has been employed by a worker who is employed by a workplace covered by this Act, without having been included in the scope of this Act, by the same employer.

The time spent in establishments of the same ministry, as well as the establishments affiliated to the same ministry, as well as the time spent in establishments and institutions established on the basis of governmental economic enterprises, special law or special law, are also taken into account in calculating the annual paid leave of the worker.

Permission Terms

Article 5 – The employer or the employer’s agents may designate that the annual paid leave shall be granted in a certain period or period of each year according to the qualifications and characteristics of the work carried out at the workplace, in consultation with the permission board specified in Article 15 or Article 18 of this Regulation. It advertises it in the workplace.

Application of Annual Fee Allowance

Article 6 – The annual paid leave can not be divided by the employer.

It is imperative that the employer continuously provide this permit within the time shown on the 53rd article.

However, the allowance periods envisaged in the 53rd article may be divided into a number of parties, with the agreement of the parties, not being lower than some of the ten days.

Other paid and unpaid leave or rest and illness leave granted by the employer during the year can not be deducted from the annual leave.

National holidays, weekly holidays and public holidays are not counted for the period of leave on the basis of annual paid leave days.

The annual paid leave must ask for those who will spend elsewhere than where the workplace is established, and the employer must give free travel to the employer for a total of four days in order to cover the time spent in the course and on their way back.

In case of termination of the employment contract by the employer, new job search permits which are obliged to work in accordance with Article 27 of the Labor Law and Article 27 of the Labor Law can not be intertwined with the annual paid leave periods.

The employer is obliged to keep a record of the leave of absence showing the annual paid leave of the workers working at the workplace. Time of Request for Permission

Article 7 – The employer shall be notified in writing of the annual wage permit entitled according to the above items, at least one month before he / she wants to use it.

The employer or the employer’s agents shall notify such persons to the persons referred to in the authorization board referred to in Article 15 of the Regulation or in Article 18 thereof.

Permission Request and Grant

Article 8 – The employer shall state in his / her annual leave request that his / her surname, if any, his / her registration number, the date on which he / she wishes to use the permit,

The permit board or employer is not bound by the employee’s use permit date. However, the schedules to be organized in order to show the order of permits and their replacement are prepared taking into consideration the demands and work conditions of the worker.

In the requests for permits that coincide with the same tariff; Priorities are determined taking into consideration the seniority of the workplace and the date on which the previous year’s permit was used.

If the road users return to work without using this period, the employer may not start them before the end of the employee’s employment.

Detection of Permission Period

Article 9 – The period of leave of the worker shall be determined according to Article 55 of Law no. 4857 during the period of service in which the employee is entitled to leave.

Annual paid leave is granted to workers who have worked for at least one year including the trial period from the day of starting work at the workplace. The annual paid leave is indispensable.

The annual pay leave period to be paid to the workers, the service period;

A) From fourteen days to five years (including five years)

B) Twenty days from those who are less than five years to fifteen years

PART THREE

Formation, Meeting Procedures, Duties and Authorizations of Permission Boards

Formation of the Permit System

Article 15 – In the establishments with more than one hundred employees, a three-person authorization board shall be established, one representing the employer or the employer’s representative and two representing the workers.

The board is chaired by the employer’s representative. If the members of the workers who are outside the chairman of the board and their backups are in the workplace,
The workplace is elected by trade union representatives.

Unions of union representatives shall be elected by open ballot at a meeting where the worker’s members of the consent board and their back-ups shall receive more than half of the workers in that workplace. It is announced by the chairman of the authorization board and the employer of the members and the back-ups at the workplace. In the absence of principal members, one of the reserves will attend the meeting upon the call of the president.

For any reason, the missing members and reserves are completed in the same way. Members of the board of directors are elected every two years. The old board members continue to serve until the new permission board members are selected.

After the entry into force of this Regulation, the elections in the new establishments shall be made within one year following the date of the activity of the enterprises.

Duties and Authorities of the Permission Board

Article 16 – The duties and authorities of the authorization board are:

A) Submitting to the approval of the employer permission schedules to be prepared according to the permission requests given by the workers and sent by the employer or the employer and the authorized person,

B) Permission schedules; To prepare the seniority of the workers by taking into account the necessity or obstacles they have in terms of using it for a certain period of time,

C) examining the wishes and complaints of the workers concerning the annual leave rights and informing the employer and the related worker,

D) To organize camps and excursions so that paid leave can be used more efficiently every year, to investigate the possible measures taken in this regard and to make offers of employers.

The place, staff, tools and equipment necessary for the work of the permit board are provided by the employer.

Meetings of the Permission Board

Article 17 – The Board of Appeal shall convene during the preparation of the annual permit charts and, as necessary, on the call of the President and within the working hours to fulfill the tasks assigned to it. Decisions taken at the meetings and works done are written in the decision book of the permission board and signed.

Non-compulsory Workplaces

Article 18 – In the workplaces where the number of workers is less than one hundred; The duties of the permitting board shall be fulfilled by the employer or employer’s representative or a representative to be appointed by them and the workers themselves to be elected among themselves.

Preparation and Announcement of Annual Permission Plans

Article 19 – The worker who is to be prepared and declared at the time of the permit shall have;

A) Name, surname,

B) Registration number,

C) Date of entry into employment,

D) The date on which the annual leave is entitled,

E) The duration of work at the workplace,

F) Number of days of leave,

G) Number of days of road leave,

H) Date of commencement of leave,

I) The date of the end of the leave,

SECTION FOUR

Employer’s Obligations Regarding Annual Paid Leave

Annual Leave Registration

Article 20 – Employer; For example, the annual leave permit attached to this Regulation.

The employer may follow the annual leave status of each worker by means of a permit book or a cataloging system to be arranged according to the same principles.

Fee Payment

Article 21 – In determining the permit fee; Wages, premiums, social benefits and permanent workers of the workplace, and the wages paid by the workers who work in preparation, completion and cleaning work outside normal hours are not paid.

The employer or the employer and the deputy shall pay the wage for each worker’s leave with the annual wage permit and the payment of the other wage and wage in this period in advance or pay as advance in advance of the beginning of the leave.

The percentages are paid by the employer except where the allowance is collected from the percentage where the duty is applied.

Weekly holiday, national holiday and general holidays are paid separately for the duration of the annual paid leave.

Part-time and on-call workers; Fees related to the term for which they have to work during the leave period shall be paid as annual leave fee.

PART FIVE

Final Provisions

Article 22 – This Regulation shall enter into force on the date of its publication.

Article 23 – The provisions of this Regulation are executed by the Minister of Labor and Social Security.