TO THE … LABOR COURT
prosecutor :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
SUBJECT: According to the Law No. 1475, the collection of our receivables arising from the employment contract terminated due to marriage is related to the request.
CASE VALUE :
(In cases related to property rights) … – TL. he will receive wages (unpaid wages for the last … month of work)
… – TL. severance pay
…- TL. holiday holiday pay
…- TL. overwork fees
Total: …- TL.
INSTRUCTIONS :
1-) Our client has started working at the defendant’s workplace with the employment contract (ANNEX-1) concluded on the date of … … …/…/…. A total of … years … months … days have been served without interruption until the date of termination of the employment contract.
2-) Our client has been married to his wife on …/…/… date … (ANNEX-2). Our client’s wife. he operates his own shop in his province (ANNEX-3). For this reason, our client has moved to the city of … where his wife lives and works after marriage (ANNEX-4).
3-) The fact that our client wants to live with his wife after marriage is in accordance with the usual course of life and is also one of the requirements of a common life. Therefore, the fact that the employer, who is aware of the date of the wedding and the fact that our client’s employment contract will end due to the marriage, does not pay our client’s receivables is an indication that it is malicious. Indeed, by the employer our client …… Of noterligi …… Journal No. with the pink slip ….. he was informed that he would be leaving work the day before.(APPENDIX – 5)
4-) The salary for the month in which our client worked, severance pay, overtime pay for overtime work that is done several days a week, but is not specific in total duration, especially because the work is busy in the months of the year …. He was not paid for the days he worked during the holidays of Eid and … Eid. This will also be confirmed by the workplace records to be examined and the statements of our witnesses to be heard (ANNEX-6), if deemed appropriate by the court. Although it has been stated by the employer that the receivables subject to the lawsuit will be paid on the date of /…//, there is no clear payment made to our client by the date of this lawsuit.
5-) Accordingly; with the highest interest to be applied from the date of termination of the contract in terms of severance pay, to be increased (to be increased as soon as possible to be determined in full and precise) in case of an excess when calculated by expert experts; with the legal interest to be collected in terms of other receivables, the business has been obliged to apply to your court for this Partial Case.
LEGAL REASONS : 1475 P. K. m. 14; 4857 P. K. m. 32, 41, 44; 7036 Pp. K. m. 5, 6, 7, 9; 6100 Pp. K. m. 109.
LEGAL EVIDENCE: …/…/… employment contract dated, Marriage certificate belonging to our client, records of the store belonging to our client’s spouse, certificate of residence, ……. Notary’s Office …. Evmiye numbered warning indicates the names and addresses of the witnesses and the issues they will testify to witness list, Workplace records, Expert examination.
CONCLUSION AND PROMPT: For the reasons described above, the maximum interest to be applied from the date of termination of employment in terms of severance pay to be increased (to be increased as soon as possible to be fully and definitively determined) in case of an excess when calculated by expert experts; the minimum total with the legal interest to be processed in terms of other receivables …..-We request by proxy on behalf of our client that it be decided that the collection of TL; trial expenses and the power of attorney fee be charged to the opposite party. …/…/…
ADDITION : 1-) …/…/… dated employment contract .
2-) Marriage certificate belonging to our client.
3-) Records of the shop belonging to our client’s wife.
4-) Certificate of residence.
5-) ……. of the Notary Public … Warning number Yevmiye
6-) The witness list shows the names and addresses of the witnesses and the subjects they will testify to.
7-) An example of a certified power of attorney.
Plaintiff’s Attorney
