T.C. THE DECISION OF THE SUPREME COURT
22.law office
Base: 2016/14200
Decision: 2016/17705
Date of Decision: 14.06.2016
CASE OF EMPLOYEE RECEIVABLES – PROVINCIAL SPECIAL ADMINISTRATION WHOSE LEGAL ENTITY HAS BEEN ABOLISHED – THE PLAINTIFF HAS TERMINATED THE EMPLOYMENT RELATIONSHIP BEFORE THE TRANSFER – DETERMINING WHO IS RESPONSIBLE FOR THE REQUESTED RECEIVABLES – INCOMPLETE REVIEW – THE NEED TO OVERTURN THE PROVISION
ABSTRACT: In cases filed for the collection of labor receivables arising before the transfer and which cannot be transferred to an institution and organization, there is no regulation in the Law on who owns the title of party. Since the plaintiff employee terminated the employment relationship before the transfer, it will be necessary to determine who is responsible for the receivables he requested in the event that is the subject of the lawsuit. First, transfer, dissolution, and share of the commission’s decision brought entity removed prior to the transfer of the debts of the special provincial administration has been transferred to the institution in which the defendant is determined whether the institution or organization that inherit the debt in the case of title is not a decision about the transfer of Debt, Debt aforementioned assets and receivables of the special provincial administration would need to be kept responsible for the transferee, in the event that an institution or organization with a driver’s license cannot be determined in the case that will be held responsible for the debt with all these investigations, it is incorrect to establish a provision with incomplete examination, when the case should be managed and concluded by the Ministry of Internal Affairs, taking into account that the debt is a debt arising from work in the provincial special administration, which is a local administrative unit.
(1475 P. K. m. 14) (4857 p. K. m. 17, 41, 46, 47, 57) (6360 P. K. m. 1, 3, Late. m. 1)
Lawsuit: The plaintiff requested that a decision be made on the payment of seniority, notice compensation, annual leave, overtime, week break, national holiday and general holiday pay receivables.
The court partially ruled on the request.
Although the parties were appealed by their lawyers during the sentencing period, after hearing the report prepared by the Examining Judge for the case file, the file was examined, discussed and considered as necessary:
Verdict: Summary of the Plaintiff’s Request:
The plaintiff’s attorney, the plaintiff’s …. claiming that he worked as an employee of subordinate employers in the place of his belonging, that the employment contract was terminated unfairly by the employer, that his receivables and compensations were not paid, he asked the defendant to collect severance pay, notice compensation, annual leave pay, overtime pay, week break pay and national holiday general holiday pay along with the interest of the receivables.
Summary of the Respondent’s Response:
The defendant’s deputy has requested the dismissal of the case.
Summary of the Court Decision:
The court decided to partially accept the case in accordance with the contents of the file and the expert report.
Appeal:
The decision has been appealed by the parties within the legal period.
Reason:
There is a dispute between the parties about the deciphering of the defendant’s adjective of the party.
1 of the Law No. 6360 of 12.11.2012 on the Establishment of a Metropolitan Municipality and Twenty-Six Districts in Thirteen Provinces and Amendments to Some Laws and Legislative Decrees No. 6360. article 1. 5. The establishment of a metropolitan municipality in the provinces considered to be including Van province by paragraph the special provincial administrations in the provinces mentioned in paragraph 36, which have been abolished, are entitled to enter into force. in its article, it is also stated that these provisions of the Law will come into force at the first local government elections. With the entry into force of the said Law with the election of the first local administrations after the date of its adoption … its legal personality has ended.
3 of Law No. 6360. article 2. with the paragraph; Special Provincial Administration under this Act removed legal personality and a reference to legislation of interest to the special provincial administrations as ministries, provincial organization and affiliated with these entities or its related ministries, Treasury, governors, Metropolitan Municipality and the county council, is made to its affiliates or in the case where the legal personality of Special Provincial Administration Law No. 5302 dated 22.02.2005 removed by special provincial administrations and other legislation that are granted powers, duties and responsibilities will be of interest as these will be executed and used by organizations and institutions, special provincial administrations in question in the courts of the special provincial administration with a lawsuit filed in relation to the operations of the period in which they operate and as acceptor, the relevant institution has clearly held that the transfer is made. In this case, it is indisputable that the lawsuits about the abolished provincial special administrations will be directed to the institution and organization to which they were transferred according to the relevant one. Concrete primarily in litigation in disputes filed against the special provincial administration activities and processes that constitute the subject of the institutions and organizations which are associated with the presence of the defendant is determined and transferred to the legal entity and the transferee of title to be directed to whom it will increase.
Provisional Article 1 of the Law No. 6360 regulating the transfer, liquidation and apportionment of provincial special administrations that have ceased to be legal entities. article 1. paragraph; transfer, dissolution, and procedures to carry out the allocation by the governor, a lieutenant governor under the chairmanship of the governor sees fit and the respective representatives of agencies and organizations with the participation of Mayors, transfer, dissolution, and share to set up the commission to the governor to assist the commission and appoint sub-committees may be established, 4. provincial special administrations whose legal entities have been abolished by this law in the paragraph; personnel, with any movable and immovable property rights, receivables and debts of this act within one month from the date of promulgation of this administration will report to the Office of the governor of real estate sale, assignment and leasing, business and collective labour agreements, any zoning application (except for building permits), construction machinery and other vehicles with the sale of borrowing if it is attached to the approval of the Ministry of Interior, in paragraph 5, special provincial administrations of legal entities removed any movable and immovable property, rights, receivables and payables, according to the decision of the commission ministries nothing to do with, it will be decided to transfer them to the provincial organization, governorates, investment monitoring and coordination department, metropolitan municipality and its affiliated organization or district municipality, the transfer process will be implemented on the date of the first local government general election, the real estate transferred to the Treasury of Finance As of the date of publication of the Law, the Treasury will be considered allocated to institutions that are in use of the private property or under the provisions and savings of the State of the Ministry of Finance, l of this Law. the amendment removed legal entities, special provincial administrations, municipalities and legal entities the ones that have been allocated to the village; the organization of a public nature in order to fulfill tasks given to them by the law and by the decision of the commission; as of interest ministries, ministries and affiliated or related institutions, investment monitoring and coordination memorandum, metropolitan municipalities, metropolitan municipalities, affiliated organizations, and in the case has been allocated to the district municipalities are arranged.
Within the scope of these regulations, there is no regulation in the aforementioned Law on who owns the title of a party in cases filed for the collection of labor receivables that were born before the transfer and cannot be transferred to an institution and organization. Since the plaintiff employee terminated the employment relationship before the transfer, it will be necessary to determine who is responsible for the receivables he requested in the event that is the subject of the lawsuit. First, transfer, dissolution, and share of the commission’s decision brought entity removed prior to the transfer of the debts of the special provincial administration has been transferred to the institution in which the defendant is determined whether the institution or organization that inherit the debt in the case of title is not a decision about the transfer of Debt, Debt aforementioned assets and receivables of the special provincial administration would need to be kept responsible for the transferee, in the event that an institution or organization with a driver’s license cannot be determined in the case that will be held responsible for the debt with all these investigations, it is incorrect to establish a provision in writing with incomplete examination, while the case should be managed and concluded by the Ministry of Internal Affairs, taking into account that the debt is a debt arising from work in the provincial special administration, which is a local administrative unit.
Conclusion: It was decided unanimously on 14.06.2016 that the appealed decision should be OVERTURNED for the reason written above, that there is no place for examining other appeals for the time being, and that the appeal fee received in advance should be returned to the relevant person upon request.
