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9 clusters · 59 sources · 67 days · First seen · Last updated

Turkish Court of Cassation labor law rulings

Overview

The Turkish Court of Cassation (Yargıtay) has issued several precedent-setting rulings regarding labor law and employee entitlements. Initial rulings addressed annual leave and overtime, including determining that previous seniority must be factored into annual leave calculations and that long-haul truck drivers cannot prove overtime solely through witness testimony if those witnesses did not accompany them.

Regarding wage delays, the 9th Civil Chamber affirmed that exceeding the 20-day threshold for payments constitutes ‘just cause’ for termination, entitling employees to severance pay even if the delay is a one-time occurrence. The court also restructured mandatory break times for extended shifts: employees working 11 to 13 hours receive at least 1.5 hours of rest, while those working 13 to 14 hours receive 2 hours. Failure to provide these periods can result in administrative fines of up to 26,620 TL.

Recent developments have clarified rest and leave rights. The court emphasized that employees are entitled to 24 hours of uninterrupted weekly rest, noting that even thirty minutes of work on a designated rest day can invalidate the holiday entitlement.

In a landmark ruling regarding the statute of limitations for unpaid annual leave converted to wages, the 9th Civil Chamber clarified that a five-year period applies, rather than the ten-year period previously applied to the 2012–2017 period. This five-year limit begins from the date of employment termination and aligns with the 7036 Labor Courts Law. The decision, which overturned lower court rulings, arose from a case involving the unpaid benefits of a deceased ironworker.

Additionally, the 10th Civil Chamber upheld social security rights, ruling that insurance days earned while on official leave during military service remain valid, overturning previous Social Security Institution actions that had canceled such records.

Entities

Yargıtay · 9. Hukuk Dairesi · Court of Cassation · Turkey · Turkish Code of Obligations

Claims

What the coverage asserts, and how many sources carry each claim.

Timeline

  1. [BUSINESS] 15 sources
    Yargıtay rules five-year statute of limitations for annual leave pay

    The Turkish Court of Cassation ruled that the statute of limitations for claiming unpaid annual leave wages is five years from the date of contract termination, replacing the previous ten-year standard.

  2. [BUSINESS] 4 sources
    Turkey labor laws mandate 24-hour uninterrupted weekly rest

    Turkish labor laws and Court of Cassation rulings mandate at least 24 hours of uninterrupted weekly rest, noting that even minor work on rest days can invalidate this legal entitlement.

  3. [BUSINESS] 6 sources
    Yargıtay rules workplace insults and phone destruction require higher compensation

    Turkey's Court of Cassation ruled that 5,000 TL in moral damages for workplace insults and property damage was insufficient, while also clarifying overtime rights for high-level managers.

  4. [BUSINESS] 5 sources
    Yargıtay sets precedent for 24-hour shift overtime calculations

    Turkey's Court of Cassation ruled that in 24-hour shifts, actual working time is capped at 14 hours to account for sleep and needs, with any time exceeding 11 hours counted as overtime.

  5. [BUSINESS] 4 sources
    Court of Cassation rules on weekly rest day and overtime pay

    Turkey's Court of Cassation ruled that counting 7.5 hours of work on a weekly rest day as both rest day pay and overtime constitutes duplicate payment, limiting additional overtime claims for those hours.

  6. [BUSINESS] 13 sources
    Yargıtay updates mandatory break times for long working hours

    A Turkish Supreme Court ruling has increased mandatory break times for employees working over 11 hours, providing 1.5 to 2 hours of rest and imposing fines on non-compliant employers.

  7. [BUSINESS] 17 sources
    Yargıtay rules employees entitled to severance for delayed wages

    The Turkish Court of Cassation ruled that employees are entitled to severance pay if wages are delayed beyond the 20-day legal limit, even if the delay occurs only once.

  8. [BUSINESS] 6 sources
    Yargıtay rules employers can reclaim erroneous employee overpayments

    Turkey's Court of Cassation ruled that employers can reclaim erroneous overpayments made to employees under unjust enrichment laws, overturning previous lower court decisions.

  9. [BUSINESS] 16 sources
    Yargıtay issues landmark labor law rulings in Turkey

    Turkey's Court of Cassation issued landmark rulings: previous seniority must be included in annual leave calculations, and truck drivers cannot claim overtime based solely on third-party witness testimony.

Sources

aksam.com.tr · aydinlik.com.tr · benguturk.com · bizimsivas.com.tr · bolgegazetesivan.com · borsonline.hu · bursahakimiyet.com.tr · cumhuriyet.com.tr · dokuzeylul.com · dunya.com · egitimsitesi.net · f5haber.com · finans.mynet.com · gazeteipekyol.com · gazetepencere.com · gazeteyenisoz.com · gzt.com · haber16.com · haber3.com · haber7.com · habermeydan.com · hakkarihabertv.com · halkinsesi.com.tr · halktv.com.tr · ilerigazetesi.com.tr · internethaber.com · isinolsa.com · istanbulgazetesi.com.tr · karar.com · koganpage.com · konyayenigun.com · korkusuz.com.tr · m.haber7.com · manisahaberleri.com · marasbugun.com.tr · master.com.cy · mercy.edu · mucadelegazetesi.com.tr · odatv4.com · onedio.com · ortadogugazetesi.com · rizedeyiz.com · sabah.com.tr · saintsinner.com · sallinggroup.com · sanayigazetesi.com.tr · sondakika.com · sonhaber.com.tr

This summary has been updated 9 times: see revision history