Right of paid annual leave
2012
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Advisor: Prof. Dr. Emine Tuncay Kaplan
Abstract (EN)
Right of paid annual leave is an economic and social right, assured by Constitutional Law. Employees overcome their physical and mental fatigue during their paid annual leave and they are not concerned about means of livelihood due to their wages be paid during this period. Productivity of a rested employee increases, conversely the number of work accidents decreases by reason of paid annual leave. Thus, in the micro level economic interest of the employers can be preserved and in the macro level it will make a significant contribution to national economy and public health. In this study it is explained in detail the definition, aim, importance, principle and legal qualification of the right of paid annual leave in the scope of historical progress, international papers and conventions with national legislation.In the second part of the study, it is indicated the conditions of using the right of paid annual leave in terms of Labour Law No.4857.In the third part of the study, it is emphasized using the right of paid annual leave and its legal provisions. In this scope, period of paid annual leave, dates of taking of paid annual leave and wage of paid leave are examined considering part-time working. By the importance of the issue, it is recommended several solutions on the purpose of using the right of annual paid leave during the employment contract.In the fourth and the last part of the study, it is explained what sort of rights employees have and penal sanctions employers can face in the case of restricting this indispensable right of paid annual leave, in terms of labor lawsuit and especially the new Civil Procedures Law.Due to its importance, paid annual leave should be taken during the employment contract, with wage as ?leave?. In practice, the importance of the issue cannot be comprehended by either employers or employees. Thus, the legal measurements should be taken to ensure of using this right on ordinary dates and trainings should be prepared to raise the awareness.Keywords1.Labour Law2.Right of Paid Annual Leave3.Wage of Paid Leave4.Employment Contract5.Ordinary Date of Take
Author
Cüneyt Özen
Institution
How to Cite
Cüneyt Özen (Master Thesis). Right of paid annual leave, 2012, Gazi University.
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