-SAMPLE PETITION-
ANKARA ( ) SENTRY EMPLOYMENT TRIBUNAL
PROSECUTOR :
ADDRESS
ATTORNEY :
ADDRESS
DEFENDANT :
ADDRESS
CASE VALUE:…. TL (For now)
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 request for collection of National Holidays and General Holidays together with interest on the receivable.
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 requests mentioned above …/…/…. an application was submitted to the Ankara Adliye Mediation Office on the date of the application, and the Office File Number organized by Mr. Mediator is 2021 /…… Mediation Number is 2021 0……. 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 fixed in the submitted mediation minutes, the client worked on national holidays and general holidays; although UBGT was entitled to the receivable, this receivable 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 the october to this petition, as well as by witness statements, the client has fully owned what he will receive from UBGT, which is a right recognized to him by law. That is to say;
According to Article 47 of Law No. 4857, “workers in workplaces covered by this law, the law on days that are considered national holidays and public holidays will work, if not exactly a work without pay for the charges on that day, the holiday also try doing a daily fee for each day worked if it is paid. In workplaces where the percentage procedure is applied, the national holiday and general holiday wages of the workers are paid to the employee by the employer. It is said that “.
According to the Labor Code No. 4857, certain conditions are provided for the employee to be eligible for UBGT receivables. These terms:
-Working at a place of work covered by the Labor Code
-Working on National Holidays and Holidays again.
Although the plaintiff client has met both of these conditions, UBGT is entitled to receive it.
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 client’s loan has not been paid to him to date.
As can be understood from the presented payslips (OCTOBER-3), the client has insurance from the minimum wage, like other employees working in the same position in the employer during the period of his work; ….. TL is charged monthly by hand. The client and other employees working at the workplace are employed on national holidays and general holidays. (Witness accounts are important in this regard.)
The plaintiff client, as can be understood from the confession of the defendant employer, was dismissed without being given the UBGT receivable, and we request that the UBGT receivable, which is his legal right and the equivalent of his work, be given to the plaintiff client along with the interest that will be calculated and operated in this context.
And Mr. Mahkemenizce described above re’ poet to consider all the reasons you our low labor rights and our right to demand and sue for more ubgt without prejudice to the decision of buying the collection by now 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 show evidence against the evidence that the defendant will show.
CONCLUSION AND CLAIM : For all the reasons described above and which will be considered by your court you’re:
– For the time being, our receivables that will be fully revealed by the expert report upon the Acceptance of our case are reserved ….. TL UBGT will be collected from the defendant together with the highest bank deposit interest from the date of default / litigation of the receivable,
-We request by proxy that all kinds of trial expenses and power of attorney fees be decided to be left on the defendant party. 26.08.2021
Deputy Plaintiff
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