Court of Cassation rules on annual leave and severance pay

The 9th Civil Chamber of the Court of Cassation has issued a precedent-setting ruling regarding the use of annual leave and its impact on severance pay eligibility. The court determined that if an employee uses annual leave in short periods based on their own request and consent, such usage does not, by itself, constitute a valid reason for the employee to terminate their employment contract with just cause.

The case involved a customs consultant assistant who terminated their contract, claiming that leave requests were frequently denied due to workload and that they were only permitted to take a maximum of six days of leave at a time. The employee sought severance pay and unpaid leave wages, arguing that the manner in which leave was distributed violated labor laws.

While a lower court initially ruled in favor of the employee, finding the termination justified due to the improper distribution of leave, the Court of Cassation overturned this decision. The high court emphasized that short-term leave granted with the worker's consent does not provide sufficient grounds for a justified termination of the employment contract.