-SAMPLE PETITION-
ANKARA ( ) SENTRY EMPLOYMENT TRIBUNAL
PROSECUTOR :
ADDRESS
ATTORNEY :
ADDRESS
DEFENDANT :
ADDRESS
SUBJECT OF THE REQUEST: It is about the request to determine the invalidity of the termination, compensation for returning to work and not starting work, payment of wages and other rights for idle time.
OUR EXPLANATIONS
Client A….. B….. the defendant, whom he entered with the status of a worker, is in the workplace …/…/…. on the date he started his job and was fired …/…/…. he has worked with AKDI for an indefinite period of service until his date.
Within the scope of our receivables and refund requests mentioned above …/…/…. on the date of the application to the Mediation Office of the Ankara Adliye, the Office File Number 2021 /…. edited by Mr. Mediator was submitted to the Mediation Office of the Ankara Courthouse /….. The Mediation Number is 2021/….. which is….. The October Minutes of Mediation on the Condition of Litigation in Civil Disputes with a dated ELECTRONIC SIGNATURE (OCTOBER-1) are again presented in the appendix.
As stated in the mediation minutes submitted, although the client was entitled to request a refund, the refund was not made and for this reason, the receivables that he had been entitled to were refunded by the defendant company from being paid to him by the claimant company with the claim of the existence of termination for a justifiable reason.
According to the Labor Code No. 4857, certain conditions are provided for the employee to request a refund from the employer. These terms:
1.Have worked in an employer’s business that employs at least 30 employees,
2.The employee must have at least 6 months of work with an Indefinite-Term Employment Contract,
3.The contract has been terminated by the employer in an invalid manner
4.The termination notice is not given and the employee’s defense has not been received “Provided that the Exceptions are Kept Separate”.
October by the defendant’s employer, we provide in the appendix …/…/…. the employment contract was terminated on the grounds of “…” with the article on termination of the employment contract dated (OCTOBER-2). 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. For the rightful reason, none of the conditions sought by law for immediate termination have occurred.
1-As will be revealed in the Insurance documents to be subpoenaed (OCTOBER-3), the client, …/… /…. he was dismissed for no reason in his history.
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 is the client, the defendant is the employer of the law 20. In accordance with the article, he applied to the Mediator with a request for a return to work within one month from the date of notification of the termination notice. Although no results have been obtained from the mediation activities, we have been required to open this case within a two-week legal period from the date of the Last Minutes of the Mediator.
4- The employment contract of the plaintiff client was terminated without justifiable reason and with the availability of other conditions required by law. It is clear that the termination of the employment contract is invalid in violation of the law and procedure. In this context, we request that the plaintiff client be provided with his legal right and compensation for not starting work as compensation for his work, idle time wages and other rights to be calculated and operated with interest.
5 – Mahkemenizce described above and re’ with the poet you consider all the reasons to sue without prejudice to our right to our low labor rights and demand more and, for now, to hire and work with whether to return the termination is invalid, compensation, wage and other rights, to determine the elapsed idle time should be paid to the need to present in order to be determined for the opening of the case 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 REQUEST : For all the reasons described above and which will be considered by your Esteemed Court you’re:
– Invalidity of termination of employment contract and return of plaintiff client to his former job,
– For the period that will elapse until the decision to return to work is finalized, it will be determined that the return to work and non-start compensation, idle time wages and other rights should be paid,
– We respectfully request that it be decided that all kinds of trial expenses and power of attorney fees should be left on the defendant party by proxy. 28.08.2021
Deputy Plaintiff
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