Annual Leave for Foreign Employees in Turkey: Key Rights

If you work in Turkey on a valid work permit, your annual leave rights are exactly the same as those of Turkish nationals. The Turkish Labour Law (4857 sayılı İş Kanunu) makes no distinction based on nationality — what counts is whether you are employed under a contract subject to Turkish law. This matters for the thousands of foreign professionals, skilled workers, and expat employees living and working in Antalya and across the country. Knowing what you are entitled to helps you plan your time off and gives you a solid foundation if a dispute ever arises with your employer.

The One-Year Qualifying Period

Annual leave in Turkey does not accrue from your first day. Under Article 53 of the Labour Law, an employee must complete a full year of continuous service with the same employer before the right to annual leave crystallises. That twelve-month period includes any probationary period agreed in the contract. Until you reach the one-year mark, you have no statutory entitlement — though your employer can choose to grant leave voluntarily before that point.

Once the first anniversary passes, you become entitled to annual leave for the following twelve months. The entitlement then rebuilds each year based on your growing length of service.

How Many Days Are You Entitled To?

The Labour Law sets out minimum leave periods that depend on how long you have worked for the same employer:

• 1 to 5 years of service (the fifth year included): at least 14 calendar days
• 5 to 15 years of service: at least 20 calendar days
• 15 years or more: at least 26 calendar days
• Workers under 18 or aged 50 and over: at least 20 calendar days, regardless of seniority

These are statutory floors. If your employment contract or a collective agreement provides more favourable terms, those apply instead. What is not permitted is a contract that gives you fewer days than the legal minimum.

Public holidays and national holidays in Turkey fall outside annual leave — they are separate, additional entitlements.

When and How Leave Is Scheduled

The employer has the right to decide when annual leave is taken, but must do so with consideration for the employee's preferences. Under the Labour Law, the employer must give at least ten days' advance notice of the approved leave dates. You are entitled to take your leave in one block or to split it, provided that at least one continuous period is ten calendar days or longer.

If several employees want leave at the same time, the employer can stagger the schedule to maintain operations. What an employer cannot do is indefinitely refuse to grant leave or simply let it pile up year after year. The right to take annual leave is mandatory — it exists to protect your health and rest, and it cannot be waived.

What Happens to Unused Leave When You Leave a Job

This is where the most common disputes arise. Article 59 of the Labour Law provides a clear rule: when an employment contract ends for any reason — whether you resign, are dismissed, reach the end of a fixed-term contract, or retire — the employer must pay you the full monetary value of all unused annual leave days, calculated at your last wage rate. The reason for the termination is irrelevant.

Turkish courts, including the Court of Cassation (Yargıtay), have consistently held that the burden of proving leave was actually used rests on the employer. To discharge that burden, the employer must produce a signed leave register or equivalent written documentation. Witness statements alone are not enough. If no proper record exists, courts treat the leave as unused and award the corresponding payment to the employee. This is a strong procedural protection that foreign employees benefit from in the same way as Turkish workers in Antalya and elsewhere.

Claims for unused leave pay must be brought within five years of the contract's end date, so you have time to seek advice and act. This payment comes on top of any severance or notice pay you may be owed when the employment relationship ends — they are independent entitlements. If your contract was ended by the employer, you should also check whether you qualify for wrongful termination remedies.

Employer Obligations and What to Do in a Dispute

Every employer covered by the Labour Law must keep an accurate annual leave register and pay leave compensation promptly when the contract ends. If you believe your rights have been violated — whether your employer is refusing to grant leave, calculating your entitlement incorrectly, or failing to pay for unused days at termination — you can bring a claim before the labour courts.

Keep written records of all leave-related communications: requests you send, approvals you receive, and any refusals. These documents carry significant weight in proceedings. In Antalya and throughout Turkey, labour courts handle these disputes and regularly award compensation where the evidence supports the employee's case.

Frequently Asked Questions

Q: Does my probationary period count toward the one-year qualifying period?

Yes. The one-year service requirement includes any trial or probation period stated in your employment contract.

Q: Can my employer pay me cash instead of letting me take leave during employment?

No. Converting leave to cash is only permitted when the employment contract ends. While you are still employed, your employer must allow you to take the actual leave days — a financial substitute is not legally acceptable.

Q: I was dismissed before completing one year. Do I get anything?

You have not yet earned a statutory entitlement to annual leave pay. However, check your contract — some employers offer proportional leave pay even for shorter tenures, and collective agreements sometimes provide this as well.

Q: My employer claims I used all my leave but cannot produce any documentation. What are my options?

The burden of proof lies with the employer. Without a signed leave register or equivalent document, a labour court is very likely to find in your favour and order payment for the unused days.

Q: I work in Antalya on a project-based fixed-term contract. Am I covered?

Yes. Fixed-term employment contracts are still subject to Turkish Labour Law, and the annual leave provisions apply in the same way as to permanent employees.

How Mona Hukuk Can Help

Mona Hukuk advises foreign employees and their employers on all aspects of Turkish labour law, including annual leave entitlements, termination pay disputes, and work permit compliance. Whether you want to understand your rights before starting a new role or need help navigating an existing dispute, our team in Antalya provides clear, practical guidance.

Contact us at info@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.