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Test
02 May 2025
Author Ümit Kır, Category Work Life
A dispute has arisen between the decisions of the civil chambers of the regional courts of appeal as to whether, under Article 57/1 of the Turkish Labor Law No. 4857, the employer’s failure to prepay or advance the leave payment for the employee's annual paid leave period constitutes just cause for termination by the employee. This matter was subsequently brought before the High Court (Court of Cassation).
In its decision numbered 2025/24 E. and 2025/2487 K., the 9th Civil Chamber of the Supreme Court ruled that the employer is obligated to prepay or provide as an advance the leave payment before the employee commences their annual paid leave.
The Court further stated that if the employer fails to fulfill this obligation, the employee shall be entitled to terminate the employment contract with just cause pursuant to Article 24, Paragraph II, Subparagraphs (e) (failure to pay wages in a timely manner) and (f) (non-compliance with working conditions) of the Labor Law No. 4857, and shall thereby be eligible for severance pay.
In addition, under Article 26 of Labor Law No. 4857, the right to immediate termination for just cause must be exercised within six working days from the date the employee becomes aware of the cause, and in any event within one year from the date of the act.
Accordingly, it is assessed that in the event the leave payment is not made before the employee begins their annual leave, and the employee terminates the contract within six working days on justifiable grounds, they would be entitled to severance pay.
Moreover, in cases where the employer fails to pay, unlawfully pays, or underpays the leave payment, an administrative fine may be imposed per employee in accordance with Article 103 of Labor Law No. 4857. (As of 2026, an administrative fine of 4,815 TRY per employee applies.)
In light of Supreme Court precedents and the relevant legislation, failure to pay the annual leave payment before the commencement of leave poses a significant legal risk for the employer.
To mitigate these risks:
You can access the relevant decision here. (In Turkish)
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