According to Article 59 of the Labor Law No. 4857, when the employer terminates the employment contract with a notice of termination in accordance with Article 17 of the same law, the employer cannot request that the employee use the annual leave that he/she has earned but has not used within the notice period, nor can he/she avoid paying the wage for the leave period by spreading the leave that the employee has not used into a new job search leave.
Therefore, if the employer allows the employee to use annual leave within the notice period, the notice period is considered to have been used incompletely and the employee must be paid the full notice compensation related to the notice period.
Source: Istanbul Chamber of Certified Public Accountants
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