Are Sundays falling within my annual leave deducted from my leave?

No. According to the Court of Cassation ruling and the law, weekly rest days (Sundays) falling within your annual leave period cannot be deducted from your leave; they are added to your leave duration.

Will the plaintiff worker be able to receive compensation directly as a result of this lawsuit?

No. Since the decision is a "reversal in the interest of the law," it does not affect the outcome for the parties to the current lawsuit; however, it serves as a binding precedent for future similar cases.

How must an employer prove that leave has been granted?

An employer can prove that annual leave was used only through a leave register bearing the wet signature of the worker, a signed leave form, or an equivalent written document. Verbal statements are invalid.

COURT OF CASSATION RULING9 June 2026

From the Court of Cassation: Sundays Cannot Be Deducted from Annual Leave

Official titleDecision of the 9th Civil Chamber of the Court of Cassation

The 9th Civil Chamber of the Court of Cassation has reversed the local court's decision in the interest of the law, stating that weekly rest days falling within annual paid leave periods cannot be deducted from the annual leave duration.

Details of the Regulation

In a lawsuit for labor receivables filed before the Istanbul Anadolu 31st Labor Court, the court of first instance dismissed the worker's claim for leave pay on the grounds that the worker had used the entirety of the 28-day annual leave entitlement. However, upon examination of the leave documents in the case file, it was determined that there were a total of 4 weekly rest days (Sundays) within the periods the worker took leave.

According to Article 56, paragraph 5 of the Labor Law No. 4857, national holidays, weekly rest days, and general holidays that coincide with the leave period cannot be counted as part of the annual paid leave duration. Despite this mandatory provision, the local court deducted the weekly rest days from the annual leave as well, ruling that the worker had no remaining leave rights.

Upon the Ministry of Justice's application for an appeal in the interest of the law, the 9th Civil Chamber of the Court of Cassation examined the file and determined that this practice was clearly contrary to procedure and the law. The Court of Cassation reversed the decision of the court of first instance in the interest of the law, without altering the actual verdict between the parties (without affecting the outcome). This decision finalized the practice that Sundays must not be included in the leave period when calculating annual leave in workplaces.

REGAS Commentary

This decision closely concerns both employees and human resources departments. For instance, when a worker takes 14 days of annual leave, Sundays (or other official weekly rest days observed at the workplace) coinciding with this period are not considered consumed from annual leave. Employers must comply with this rule during retroactive checks of annual leave registers and in leave pay calculations following termination; otherwise, workers may recover underpaid leave pay through judicial remedies, along with interest.

Questions You Might Have

Are Sundays falling within my annual leave deducted from my leave?: No. According to the Court of Cassation ruling and the law, weekly rest days (Sundays) falling within your annual leave period cannot be deducted from your leave; they are added to your leave duration.
Will the plaintiff worker be able to receive compensation directly as a result of this lawsuit?: No. Since the decision is a "reversal in the interest of the law," it does not affect the outcome for the parties to the current lawsuit; however, it serves as a binding precedent for future similar cases.
How must an employer prove that leave has been granted?: An employer can prove that annual leave was used only through a leave register bearing the wet signature of the worker, a signed leave form, or an equivalent written document. Verbal statements are invalid.

Key Terms

Kanun Yararına Temyiz: It is the process by which legal errors in finalized decisions are brought to the Court of Cassation by the Ministry of Justice or the Chief Public Prosecutor's Office of the Court of Cassation to prevent their recurrence in subsequent cases. It does not affect the existing situation of the parties, but gives direction to the law.
Bakiye Yıllık İzin: It is the remaining leave period that the worker has earned but not actually used, which must be paid as wages upon the termination of the employment contract.
İspat Yükü: It is the obligation to prove an assertion. In labor law, the burden of proving that annual leave was granted via written documents (leave register, etc.) rests entirely on the employer.

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