Amendment in the Implementation of Annual Leave with Pay

Amendment in the Implementation of Annual Leave with Pay

Implementation of annual leave with pay was amended with Code No: 67 that was published in the official gazette. Art. 16 of Code No: 6704 amended Art 56/3 of the Labor Code No: 4857 that regulates the taking of the annual leave. Before this amendment, if the employer and employee agrees and one of the parts is not less than 10 days the annual leaves could have been divided in to 3 at most. With this amendment, the annual leaves can be taken in parts if the parties agree and one of the parts is not less than 10 days. E.g.: Employee of the same company, who has fulfilled one year seniority, can take his/her 14 days of leave as 10+1+1+1+1.
Comparative table of the old and new version of the said law:

Old Version	New Version
Implementing annual leave with pay	Implementing annual leave with pay
Article 56. – Annual leave with pay may not be divided by the employer.	Article 56. – Annual leave with pay may not be divided by the employer.
This leave must be granted without interruption in conformity with the days indicated in Article 53. However leave periods foreseen in article 53 may be divided, by mutual consent, ~~into three parts at the maximum~~, provided that one of the parts shall not be less than ten days.	This leave must be granted without interruption in conformity with the days indicated in Article 53. However leave periods foreseen in article 53 may be divided, by mutual consent, provided that one of the parts shall not be less than ten days.
Other kinds of leave, with or without pay, granted by the employer during the year or taken by the employee as convalescent or sick leave must not be deducted from annual leave.	Other kinds of leave, with or without pay, granted by the employer during the year or taken by the employee as convalescent or sick leave must not be deducted from annual leave.
National holidays, weekly rest days and public holidays which coincide with the duration of annual leave may not be included in the annual leave period.	National holidays, weekly rest days and public holidays which coincide with the duration of annual leave may not be included in the annual leave period.
If the employee so requests, the employer must grant him up to four days’ leave without pay in order to make good his round-trip travel time, on condition that he provides documentary evidence that he is spending his annual leave at a place other than that where the establishment is located. The employer must keep a roster showing the paid annual leaves of the employees working in his establishment.	If the employee so requests, the employer must grant him up to four days’ leave without pay in order to make good his round-trip travel time, on condition that he provides documentary evidence that he is spending his annual leave at a place other than that where the establishment is located. The employer must keep a roster showing the paid annual leaves of the employees working in his establishment.