ABSTRACT

When the annual paid leave is unavailed by the employer, the employee could not sue the employer for action for performance in order to rest, could not use his/her right to rest as such, and could not claim the wages for the unavailed annual leaves during the continuation period of the contract. In this case, there is not any other option for the employee to claim the wages for the unavailed annual leave when the contract ends for any reason. When the issues about annual leaves are sold in such a way, the employee could not attain the right to rest. In this respect, since only the wage of the annual leave, not the essence of annual leaves is guaranteed, the annual leave right to rest does not seem as a right of labour but mostly as a employer liability imposed to sanction. It is not possible to accommodate this situation with the position of annual paid leave in modern law and with the basic principles of labour law. Therefore, the interpretation about the current legal regulations should be made in such a way that the annual paid leave right would not be fulfilled unless the employee was not allowed to rest during the contract period, even if the wage for the annual leave was paid at the end of the contract. This approach requires abandoning some decisions made by the Appeal Court and the doctrine. This study discusses in detail the issue mentioned above