“Wages, weekends, and annual leave” of those who retire under the Law On Victims Of Delayed Pension Age (EYT) are also protected by the Labor Law. A one-year working period is taken into account for employees to be entitled to annual leave. The annual leaves of those who retire and continue to work within the scope of EYT will also be determined according to seniority. Annual leaves will be at least 14 days for those with a service period of 1 year to 5 years, 20 days for those with more than 5 years and less than 15 years, and 26 days for those with more than 15 years. These periods can be more according to labor contracts.
It is expected that a significant number of EYT workers with SSK (4A) will continue to work in the same workplace or in another workplace after retirement. Employers will use code number (8) when dismissing their EYT workers who will apply for retirement. If the worker’s termination notification is made with code (8) and the worker requests allocation on the same day, the worker can continue to be employed continuously by making a notification subject to social security support premium (SGDP) the next day.
STARTING FROM 14 DAYS
These periods will also be valid for those who retire within the scope of EYT and continue in the same workplace without taking their leave money. For those who take their leave money and continue in the same workplace, the leave period will start from 14 days. If an individual or collective labor agreement determines Saturday and Sunday weekends, both days will not be counted from the annual leave period. If the employee wishes, he/she can use a part of his/her annual leave not less than 10 days. Employees will be able to divide their leave. A part of the annual leave can be used at once, provided that it is not less than 10 days, and the remaining leave period can be divided. EYT employees can request a travel leave from the employer while using their annual leave and can use 4 days of unpaid travel leave.
ADVANCE PAYMENT MAY BE REQUESTED
Unused vacation pay is calculated based on the last gross wage. The employee can ask the employer for an advance before going on leave. The employer must pay this advance to the employee. Employees can request the protection of their legal rights by submitting a written petition to the Ministry of Labor and Social Security or by calling Alo 170. Vacation and annual leaves cannot be waived even with the consent of the employee. Holidays, weekends and general vacations are not counted as leave. If the leave period coincides with a holiday, it is added to the end of the leave period.
ANNUAL LEAVE PERIODS ARE DETERMINED ACCORDING TO SENIORITY IN THE WORKPLACE
According to the Labor Law, annual paid leave is granted to workers who have worked for at least one year since their first day of employment at the workplace. The duration of the annual paid leave to be granted to workers is determined according to their length of service at the workplace. Accordingly, the annual leave period cannot be less than 14 days for those with a service period of 1 year to 5 years (including 5 years), 20 days for those with more than 5 years and less than 15 years, and 26 days for those with 15 years (including) or more. The annual paid leave periods of workers working in underground works are increased by 4 days each. These periods are minimum periods and can be increased by individual or collective labor agreement.
UNUSED LEAVE MONEY OF RETIRED WORKERS TO BE PAID
Unused annual leave is paid upon termination of employment. Leave cannot be paid while working. EYT workers who will retire and leave their jobs will be paid for the unused leave periods.
It is up to the choice of the employee and the employer whether or not to pay the unused annual leave of workers who continue to work in the same workplace after retirement.
HOW WILL ANNUAL LEAVE PERIODS AFTER RETIREMENT BE CALCULATED?
EYT beneficiaries are most curious about whether their annual leave periods will be 14 days when they continue to work after retirement, as in the case of those who started working for the first time, or whether they will be subject to a different practice.
The annual leave periods of EYT beneficiaries who start working in another workplace after retirement will be 14 days, just like those who start working in a workplace for the first time. After 5 years of work in the new job, their leave periods will increase to 20 days.
The situation of those who continue to work in the same workplace after retirement will change according to whether their pre-retirement leave money is paid or not. EYT beneficiaries who have received the money for the unused leave of the previous period while retiring will be entitled to leave after completing one year when they continue to work in the same workplace and their annual leave period will start from 14 days. EYT workers who have not received their leave money for the pre-retirement period will continue to benefit from the right to leave as long as they are entitled to according to the date they started working for the first time in the workplaces affiliated to that employer. There are decisions of the Court of Cassation on this issue. (7 Civil Chamber of the Court of Cassation. Main No: 2015/4478, Decision No: 2015/6713)
ATTENTION TO 50 YEARS OF AGE!
According to the Labor Law, the annual paid leave period for workers aged 18 and younger and workers aged 50 and older cannot be less than 20 days. Therefore, if a retired EYT worker aged 50 or older starts working in the same or another workplace, the annual leave period will start from 20 days, not 14 days.
HOW WILL LEAVE PAY BE CALCULATED?
Unused leave wages will be calculated based on the last gross wage. First, a 15 percent premium will be deducted from the calculated gross wage, and then income tax will be collected based on the tax bracket for that month. No premium will be deducted from the gross amount of leave pay exceeding 75,060 TL.