-EXAMPLE PETITION-
ANKARA ( ) SENTRY EMPLOYMENT TRIBUNAL
prosecutor :
address :………
attorney :
address :
phone :
DEFENDANT :
address :……
CASE VALUE:…. TL (For now)
SUBJECT OF REQUEST: For now, provided that our requests are increased after the expert report and our rights regarding the surplus are reserved ….. TL is a request to be charged together with the interest of the Week Break receivable.
OUR EXPLANATIONS
Client A….. B….. the defendant, whom he entered with the status of a worker, has been working at the workplace since 2021.
Within the scope of our receivables requests mentioned above …/…/…. on the date of the application to the Mediation Office of the Ankara Adliye, the Office File Number 2021 /……. Mediation Number 2021/……. is …/…/…… The October Minutes of Mediation on the Condition of Litigation in Civil Disputes with a dated ELECTRONIC SIGNATURE (ANNEX-1) are again presented in the appendix.
As stated in the mediation report submitted, the client was not given a week off leave during the time he worked at his employer’s office. In addition to the fact that the plaintiff’s client’s permits were not used by the employer, he was also prevented from paying the week break work fee to him.
As will be revealed by the reasons we will explain below and the evidence we will present in october annex to this petition, as well as witness statements, the client has fully realized that he will receive a week break, which is a recognized right to him by law. That is to say;
according to article 46 of the Labor Code No. 1-4857,
“In workplaces covered by this Law, workers are given 63 days before the holiday. they are given at least twenty-four hours of uninterrupted rest (week break) within a seven-day time frame, provided that they have worked on the working days determined in accordance with the article. It is said that “. The client has not been given such a week off by the employer. Moreover, according to the continuing paragraphs of the article,
“-For a non-working week holiday day, the employer pays the wages for that day in full, without a work allowance. So far;
a) Holidays arising from the law or a contract in which a daily wage is paid or not paid, with the times counted from the working time by law, even if it is not working, as well as holidays arising from the law or contract,
b) October 2. the periods of leave counted in the article,
c) Sick and rest leave issued by the doctor’s report, as well as other permits issued by the employer to stay within a week period, are taken into account, such as working days.
–If the work at the workplace is vacationed by the employer on one or several days of the week for no compelling and economic reason, the non-working days of the week are considered to have been worked to qualify for a paid week off.
–When compelling reasons arise in a workplace that require a vacation of work for more than a week, the half-pay paid to employees for days not worked for the compelling reasons shown in paragraphs (III) of articles 24 and 25 is also paid for the day of the week off.” By being, it is clear that the plaintiff client is entitled to the week break fee. This client’s loan has not been paid to him to date.
2- As can be understood from the presented payslips (APPENDIX-2), the client has insurance from the minimum wage, like other employees working in the same position at the employer during the period in which he works; ….. TL is charged monthly by hand. The client and other employees working at the workplace were not allowed to take a week off, and the week off wages were not paid to them. (Witness accounts are important in this regard.)
3- Ankara Notary’s Office ….. Journal Number ….. with the dated Notice of Warning (ANNEX-4), the defendant has warned the employer, but during the specified period, no payment was made by the defendant employer at the point of receivables of the plaintiff client.
4- We request that the plaintiff client receive a week off, which is the legal right and equivalent of his/her work in this context, be given to the plaintiff client along with the interest to be calculated and operated.
5- It has been necessary to open this case to ensure that the decision is made to collect the judgment that we will take a week off for now, provided that we reserve the right to demand and sue for more with our other labor rights and scoundrels for all the reasons described above and which will be taken into account by your Court.
LEGAL REASONS: Labor Code, Code of Civil Procedure, other relevant legislation
OCTOBER: The Dec Minutes of Mediation, the Plaintiff’s personal registration file, the subpoena of documents related to salary payments from banks, the Plaintiff’s entry and exit statements and service status documents from the SSI, OTHER DOCUMENTS SUBMITTED IN THE ANNEX, Mail correspondence between the client and the defendant company, petitions, legal documents related to mutual complaints (bilahare will be submitted, subpoena is also requested.), All kinds of other evidence,
We reserve the right to show evidence against the evidence that the defendant will show.
CONCLUSION AND REQUEST : For all the reasons described above and which will be considered by your Esteemed Court you’re:
– The receivables that will be fully revealed with the expert report upon the acceptance of our case are reserved for the time being …..TL Week Holiday Receivables from the defendant with the highest bank deposit interest from the date of default / case collection,
-We request by proxy that all kinds of trial expenses and power of attorney fees be decided to be left on the defendant party. 26.08.2021
Plaintiff’s Attorney
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