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Turkish Court of Cassation labor law rulings

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2026-10-18 07:04 UTC → 2026-10-18 09:38 UTC · added ~~removed~~

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 ~~terms of annual leave, the 9th Civil Chamber ruled that~~ a landmark ruling regarding the statute of limitations for ~~claims involving~~ unpaid annual leave converted to ~~wages is five years~~ 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.~~ 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.

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