Especially since the coronavirus pandemic, stepping away from the workplace became an important issue for employees. For this reason many workers wonder whether they can use their annual leave and other rights whenever they wish.
Factors Affecting Use of Annual Leave
Annual leave is an indispensable right for employees. In other words, even if neither the employer nor the employee wants it, annual leave must be provided. This right is regulated within social security and exists to allow the employee to rest, perform more efficiently, and avoid risks such as illness or accidents. Accordingly, the Labor Law contains provisions that annual paid leave is an inalienable right. However, many practical problems can arise in its implementation.
Under the Labor Law, in addition to mandatory leave types such as leave for valid reasons and holiday leave, employees must be given at least 24 hours of weekly rest. During this period employees cannot be expected to work or to forgo their rest. Similarly, annual leave entitlement ranges from 14 to 30 days depending on the employee’s length of service.
Although the law sets these standards, some employers take advantage of employees’ lack of information and shorten these periods. For example, arbitrary annual leave practices of around five days occur, and annual leave durations are sometimes treated as if they were the employer’s favor.
The Employee’s Entitlement to Annual Leave
Employees are free to use their weekly rest day on any day of the week. This issue rarely creates conflict between employers and employees. However, problems may arise regarding annual paid leave. These disputes typically concern how many days the employee will be granted at one time and on which dates the leave may be taken. Previously, annual leave could be split into up to three parts, with none of the parts being less than ten days; later, that restriction was removed.
When and under what conditions an employee can take annual leave — in other words, whether the employee can start leave on the date they request — is governed by the Annual Paid Leave Regulation. According to this regulation, if the employee and the employer reach an agreement, annual leave can be taken without issue. In other words, if the employer finds the requested dates suitable, the employee may take leave on the dates they choose. If agreement cannot be reached, however, employees must wait for the dates the employer deems appropriate, as stipulated by the regulation.
Employers Determine Annual Leave Dates
As set out in the relevant regulation, the employer or employer representatives have the right to determine when annual paid leave will be taken, considering the characteristics and qualifications of workplace personnel. Within this scope, the employee must notify the employer in writing at least one month before the requested leave start date.
The employer or employer representatives may evaluate the employee’s request in accordance with the regulation. The leave committee or the employer may refuse the requested dates for annual leave, citing workplace working conditions, tasks that must be performed at that time, or other reasons. Nevertheless, annual leave dates should be arranged as close as possible to the dates the employee requested. If multiple employees request the same dates, priority is determined by workplace seniority and by whether the employee took leave in the previous year.
Under this regulation, employees cannot unilaterally take annual leave whenever they wish if no agreement with the employer is reached. The dates set by the employer in accordance with the regulation are the ones that become valid for scheduling annual leave.