ANKARA () SENTRY EMPLOYMENT TRIBUNAL
prosecutor :
ADDRESS :………………
ATTORNEY :
ADDRESS :
PHONE :
DEFENDANT :
ADDRESS :……………
CASE VALUE: ……TL
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 claim for collection together with the legal interest of the Notice Compensation receivable.
OUR EXPLANATIONS
Client A….. B….. the defendant, whom he entered into with the status of an employee, started working at the workplace on 01.01.2000 and worked with an indefinite-term service agreement until 01.01.2020, when he was dismissed.
Within the scope of our receivables requests mentioned above … /…/ An application was submitted to the Ankara Adliye Mediation Office on 2021 and the Office File Number organized by Mr. Mediator is 2021 0…… Mediation Number
Although the client was entitled to receive notice compensation, this payment was refrained from being paid to him by the defendant.
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 notice compensation, which is a recognized right to him by law. That is to say;
Labor Code No. 4857 No. 17. according to the article;
“Employment contracts;
a) For a worker whose work has lasted less than six months, two weeks after the notification has been made to the other party,
b) For a worker whose work has lasted from six months to one and a half years, four weeks after the notification has been made to the other party,
c) For a worker whose work has lasted from one and a half to three years, six weeks after the notification has been made to the other party,
d) For a worker whose work has lasted more than three years, after eight weeks from the date of notification, it is considered Defunct.”
As can be seen from the article of the law,
1-There must be an Indefinite-Term Employment contract.
2-Termination must be notified.
3-After the notice of termination, the employment contract must be terminated before the periods specified in the law have elapsed.
4-One of the parties must not have performed one of the termination conditions immediately for a justified reason.
The defendant party terminated the client’s employment contract after not complying with the notification requirement; it did not comply with the notice period. Although none of the conditions sought by law for immediate termination for the rightful reason have occurred, it has not employed the employee during the notification period in accordance with the procedures and the law. In this case, the plaintiff client was entitled to compensation in the amount of his fee for the notification period and notified the defendant about it. Although the defendant’s employer informed him that he would pay this fee, he did not make this payment.
The plaintiff client meets all the requirements required by law and is entitled to notice compensation.
October 2) The employment contract was terminated with the justification of “…” by the article on termination of the employment contract dated 01.01.2020, which we have submitted in the appendix, sent by the respondent’s employer. october 2, 2020, the defendant’s employment contract was terminated with the grounds of “…”. This statement of the respondent’s employer does not reflect his true will. It is clear that the termination made by the defendant’s employer is not a valid and justified termination.
1-As will be revealed by the Insurance documents to be subpoenaed (ANNEX-3), the client was dismissed without reason on 01.01.2020; no notice was given to him regarding the dismissal before. october 1, 2020, 2020, 2020, 2020, 2020, 2020.
2- As can be understood from the presented payrolls (OCTOBER-4), the client has insurance from the minimum wage, like other employees working in the same position in the employer during the period in which he works; ….. TL is charged monthly by hand. (Witness accounts are important in this regard.)
3- The plaintiff client has been dismissed without notice of termination, as can be understood from the confession of the defendant employer, and we request that the notice compensation, which is his legal right and the equivalent of his work, be given to the plaintiff client along with the interest to be calculated and operated in this context.
4 – Mr. Mahkemenizce described above and re’ with the poet you consider all the reasons to sue without prejudice to our right to demand and low labor rights and receive compensation for our more collection, we now remand the decision for the need of the present case in order to give the opening has been achieved.
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 give evidence against the evidence that the defendant will show.
CONCLUSION AND CLAIM : For all the reasons described above and which will be taken into account by your Esteemed Court, provided that we reserve the right to request and sue for more of the plaintiff’s receivables for the time being:
-….. TL Notice Compensation will be collected from the defendant together with the (legal) interest from the date of termination of the employment contract,
-We request by proxy that all kinds of trial expenses and power of attorney fees be decided to be left on the defendant party. 24.08.2021
Deputy Plaintiff
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