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Yargıtay issues landmark labor law rulings in Turkey
The Turkish Court of Cassation (Yargıtay) has issued two significant precedent-setting rulings affecting labor rights and benefits.
Regarding annual leave, the 9th Civil Chamber ruled that an employee's previous seniority must be taken into account when calculating annual leave days, even if they previously worked for the same employer in a separate period and had their previous rights settled or paid out. This decision is particularly relevant for employees who retired under the EYT law and continued working at the same workplace, ensuring their leave entitlements are not reset to zero.
In a separate ruling concerning long-haul truck drivers, the court determined that overtime claims cannot be proven solely through witness testimony if those witnesses did not personally accompany the driver during the journey. The court noted that third parties who were not present during the trips cannot provide eyewitness accounts of a driver's specific daily work routine, and that legal driving limits cannot be used as a definitive basis for calculating overtime, as individual time management varies.
Entities
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] The payment of unused annual leave wages during a first employment period does not reset the seniority calculation for the second period. www.sozcu.com.tr · www.manisahaberleri.com · www.karar.com
- [● 3 SOURCES] The Court of Cassation ruled that previous seniority must be considered when calculating annual leave for a second period of employment with the same employer. www.sozcu.com.tr · www.manisahaberleri.com · www.karar.com
- [● 3 SOURCES] Annual leave duration for a second employment period must be calculated by combining the total service time from the first period. www.sozcu.com.tr · www.manisahaberleri.com · www.karar.com