Yargıtay Kararları Işığında İşçinin Yıllık Ücretli İzin Hakkı

In addition to the right to work being a right guaranteed by the Constitution, the right to rest is also a right guaranteed by the Constitution. It is unthinkable for a person who is not granted the right to rest to work healthily and productively and continue their life. In this context, the right to annual paid leave is a right that is guaranteed by both the Constitution and other laws and is also supported by court decisions. It is not possible for the worker to waive this right, and it is an obligation for the employer to make the worker benefit from this right. Therefore, the right to annual leave is of great importance in terms of the worker's mental and physical health, social life and family relations.In this study, the rights provided to the employee and the obligations of the employer regarding the annual paid leave rights of employees working within the framework of an employment contract in Turkey by the legal legislation and high court decisions were examined. Again, in this study, the issue of the employee requesting this through a lawsuit in case the annual leave has not been used, and the contract has ended was addressed. The tools that the employer must use to prove his claims regarding the use of annual leave and the issues that can be requested as a fee in cases where the annual leave has not been used were addressed. While addressing all these issues, the decisions made by different chambers of the Supreme Court of Appeals were given as examples and it was determined that these decisions more clearly revealed the issues regarding annual paid leave.