A memo on entitlement to annual leave with pay
Wednesday, 04 April 2012
In a letter dated February 15, 2012 and addressed to Turkish Airlines management, our union wrote that, according to the terms of the individual contracts signed by foreign pilots and your company annual paid leave period is stipulated as 18 days. However, for foreign pilots who are union members yearly annual paid leave should be set at 20 days.

The current CBA between your company and our union says:

The annual paid leave period of the personnel employed after 15.06.1999 is (the part-time employment of the personnel, that have worked with part time service agreement for some time and then passing to an indefinite term without giving any interruption, are taken into consideration at the annual paid leave calculation);

a- Eighteen working days for the ones with a service term of one to five years (five years included)

b- Twenty four working days for the ones with a service term of more than five years and less than fifteen years,

c- Thirty working days for the ones with a service term of fifteen years (included) or more.

However, the annual paid leave period of the personnel that have been employed before 15.06.1999) is thirty working days without paying regard to their service term.

Article 6 of the Collective Labour Agreement, Strike and Lock-Out Law (Law No. 2822) says:

Save as may be provided, to the contrary, in a collective labour agreement, no contract of employment may be at variance with that agreement. The provisions of the contract of employment that are at variance with a collective labour agreement shall be replaced by the provisions of that agreement. The provisions of the collective labour agreement shall apply in all cases not covered by the contract of employment.

The provisions of a contract of employment that operates to the worker's advantage shall apply in cases where the collective labour agreement is at variance with such a contract.

The provisions of a collective labour agreement that has expired for any reasons, which are related to contracts of employment, shall continue to be binding in the form of a contract of employment until a fresh collective agreement enters into force.

At the end of our letter we asked THY management to implement annual paid leave for foreign pilots in line with the provisions of the CBA.

In a letter dated March 13, 2012 THY management responded positively and assured us that annual paid leave has already been implemented in this way.

In a nutshell, please be advised that for union member, foreign pilots who are employed for a minimum of one year annual paid leave is set at 20 days.

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