-THE SAMPLE IS UPRIGHT-
ANKARA ( ) SENTRY EMPLOYMENT TRIBUNAL
PROSECUTOR :
ADDRESS
ATTORNEY :
ADDRESS
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 of Severance Pay along with interest on the 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 request mentioned above, an application was submitted to the Ankara Adliye Mediation Office on 01.06.2021 and the Office File Number organized by Mr. Mediator is 2021 /….. The Mediation Number is 2021/….. being../..The October Minutes of Mediation on the Condition of Litigation in Civil Disputes dated October 2021 (APPENDIX-1) are again presented in the appendix.
As fixed in the submitted mediation minutes, although the client was entitled to receive severance pay, he was refrained from the fact that this receivable was paid to him by the respondent company with the claim of the existence of termination for a justified reason, even though the client was entitled to severance pay.
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 by witness statements, the client has fully realized that he will receive severance pay, which is a recognized right to him by law. That is to say;
According to the Labor Code No. 4857, certain conditions are provided for the employee to receive severance pay from the employer. These terms:
-The presence of an employee’s employment with an employer for a year or more (the General Requirement required in any case)
-Labor Code of the Russian Federation No. 4857 No. 4.be one of the employment contracts within the scope of the article (General Condition required in all cases)
-The employment contract has not been terminated by the employer for a justified reason or has been terminated by the employee for a justified reason.
The plaintiff client meets all the requirements required by law and is entitled to severance pay.
The respondent submitted by the employer, october we present in the appendix ../… with an article on the termination of the employment contract dated October 2020 (ANNEX-2).” the employment contract was terminated on the so-called grounds. 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 for no reason on October 01, 2020; his severance pay has not been paid to him to date.
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 – mail and phone messages that we offer the form of correspondence in the appendix (Appendix 5) the plaintiff promised to be paid as it can be seen in the client’s receivables, rights to sue dragged on for your client, but the client belongs to the employer by the employer and that the defendant was not given to Plaintiff by the client receivables which profess with this message.
4 – Mr. 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 get severance for now we remand the decision for the opening of collection has been achieved in order to give the present case, the need to.
LEGAL REASONS: Labor Code, Code of Civil Procedure, other relevant legislation
EVIDENCE : the final report of mediation, the plaintiff’s personal record file in documents from the Bank of salary payments with respect to a subpoena, witness accounts, the plaintiff with the declaration of the input and output of the service status of the document from the SGK subpoena, other documents that are offered in the appendix, mail correspondence between the company with the client, the defendant, petitions, expert reports, discovery, swear, every poet evidence (evidence show me the evidence against the respondent, and we reserve the right to show)
CONCLUSION AND REQUEST : For all the reasons described above and which will be considered by your Esteemed Court you’re:
–THE PLAINTIFF’S EXPERT REPORT IKE CLAIMS MORE OF THE RECEIVABLES TO BE DETERMINED AND PROVIDED THAT WE RESERVE THE RIGHT TO SUE FOR NOW, …..TL Severance Pay will be collected from the defendant together with the highest bank deposit interest from the date of termination,
-We request by proxy that all kinds of trial expenses and power of attorney fees be decided to be left on the defendant party. 22.08.2021
Deputy Plaintiff
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