Free Permission
In order for an employee to be granted free leave, in accordance with Article 22 of the Labor Code 4857, the employer must offer free leave and obtain written approval for this issue within 6 (six) working days. This issue was clarified by the decisions of the Supreme Court and it was accepted that “if the parties agree on unpaid leave, the employment contract will remain suspended for the duration of unpaid leave”. During this period, when the employment contract is suspended, the employee will not work, the employer will also pay the employee
do not pay. In case of suspension, not only the actual fee, but also the additional fee will not be paid. During this period, the employee will be folded into the business risk that belongs to the employer. 5 as can be understood from our explanations, it is not possible to give unpaid leave by the employer without the request of the employee. For this reason, in cases where the employee does not have a request for unpaid leave, the employer should resort to other ways that we will explain in detail below.
Granting Paid Leave
Annual paid leave must be used continuously by the employer within the periods specified in Article 53 of the Labor Code 4857. Article 60 of the Labor Code 4857
7 of the annual paid leave Regulation, which was prepared and put into effect. To request permission in the article
how the procedure should be explained. According to the article mentioned, the employee must notify the employer of the request for leave at least 1 (one) month in advance.
Annual paid leave cannot be divided by the employer. However, the annual paid leave periods provided for in Article 53 of the Labor Code No. 4857 shall not be less than 10 (ten) days, part of which is by the agreement of the parties
it can be used in sections. As can be seen from here, workers will be able to use their annual leave in sections not less than 10 (ten) days.
Article 8 of the annual paid leave regulation stated that the employer is not bound by the date of use of the employee’s leave, and that the leave period will be determined by taking into account the request of the employee and the work situation. It is also recognized by the Supreme Court that under the employer’s right to govern, it is possible for the employer to grant workers annual leave. Although we cannot agree with the Supreme Court’s rulings that annual leave is up to the employer during the ordinary working period, it will occur during the epidemic period
in order to reduce losses, we believe that it will be possible for the employer to give the workers annual leave during the outbreak, taking into account that it is in the interest of the worker. At this point, the annual leave period has to be spent with complete rest, hence as working from home
we’d like to remember he shouldn’t. In Article 10 of the annual paid leave regulation entitled “collective leave’, employers shall: “employer or
April to October between the end of the employer attorney, all or part of the workers may apply collective leave ” due to the outbreak in the months specified in the article is said to be.
it seems possible for the employer to use collective permission. Again, in Article 11 of the annual paid leave regulation; ” in case of application of collective leave, the employer or the employer’s attorney, protection of the workplace, maintenance of tools, equipment, equipment or machines in the workplace,
it can exclude a sufficient number of workers from collective leave for mandatory situations such as preparation, cleaning or ensuring their safety. Annual permits for those in this situation before or after the collective leave period
it is given on the date they wish.”as stated, We believe that in the case of collective leave, the permits used should be deducted from the annual paid leave of the workers.