-SAMPLE PETITION-
ANKARA ( ) SENTRY EMPLOYMENT TRIBUNAL
PROSECUTOR :
ADDRESS
ATTORNEY :
ADDRESS
DEFENDANT :
ADDRESS
CASE VALUE:…. TL (For now)
SUBJECT OF REQUEST: Provided that our requests are increased after the expert report and our rights regarding the surplus are reserved for now….. TL is the demand for Annual Paid Leave to be collected together with interest.
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…….
As stated in the mediation minutes submitted, although the client has been entitled to annual paid leave …/…/He has not been granted annual paid leave since 2021 and he has also been prevented from receiving annual paid leave by the respondent company from being paid by him.
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 been fully entitled to annual paid leave, which is a recognized right to him by law. That is to say;
According to the Labor Code No. 4857, in order for an employee to be eligible for annual paid leave, “A year must have elapsed from the date the employee actually started work.”
The plaintiff has been entitled to annual paid leave for a period of 1 year since the date the client actually started his job and has met all the conditions required by law. However, due to the defendant’s employer’s “…” he has not been granted annual paid leave since then.
55 of the labor code. The article specifies the days considered to have been worked, and it is clear that the plaintiff’s client has not been granted one year of paid leave except for these periods. Ongoing 56. The article also states that “Annual paid leave cannot be divided by the employer. It is mandatory that this permission is granted continuously by the employer within the periods specified in Article 53.” This right of the plaintiff is protected by saying. As it is clear from the articles of the law, the annual leave of the plaintiff’s holder must be exercised by the defendant’s employer, while it is against the law not to exercise this right under various pretexts.
Article 59 of the Law. In the article; “- If the employment contract expires for any reason, the employee’s salary for annual leave periods that he is entitled to or does not use is paid to him or to the rights holders at the rate of his wage on the date of termination of the contract. The statute of limitations on this fee begins from the date of expiration of the employment contract. it has been said that “. It is clear from the provision of this article that the date of termination of the employment contract of the plaintiff client is …/…/… since then, he has been entitled to the full amount of the fee for his annual leave, which he does not use, although he is entitled to it.
1-As will be revealed by the SSI documents to be subpoenaed (ANNEX-2), the client was dismissed for no reason on October2021; the fee for his annual leave has not been paid to him to date.
2- 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 at the employer during the period in which he works; ….. TL is charged monthly by hand. The client and other employees …/…/…. since then, they have not been able to use their annual leave. (Witness accounts are important in this regard.)
3- Plaintiff client, Ankara Notary’s Office ….. /…/….. with the dated Notice of Warning (OCTOBER-5), the defendant has warned the employer, but during the specified period, no payment was made by the defendant employer at the point of receivables of the plaintiff client.
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 Dec The Final 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 OCTOBER 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 Esteemed Court you’re:
– For the time being, our receivables that will be fully revealed by the expert report upon the Acceptance of our case will be reserved …. TL Annual Leave Fee will be collected from the defendant together with the legal interest from the date of default / lawsuit,
-We request by proxy that all kinds of trial expenses and power of attorney fees be decided to be left on the defendant party. 31.08.2021
Deputy Plaintiff
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