SSI Service Determination Petition
…………… ( ) LABOUR COURT JUDGE ON DUTY
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Attorney………….
ADDRESS
DEFENDANTS : 1. SSI Presidency General Directorate of Social Insurance (Ankara)
2.C………… B…………
ADDRESS
SUBJECT OF THE CLAIM : Plaintiff Client’s ../../…. – ../../…. It is a request for a decision to determine the services that the plaintiff worked as an insured between the dates …/./ – .././.
OUR EXPLANATIONS
Client A….. B….. entered the defendant workplace with the status of employee …/…/…. He started to work on the date …/…/…. He worked uninterruptedly with an indefinite-term service contract until the date he was dismissed. On this date, his employment contract was terminated without reason and without notice.
Although the client continued to work for the defendant employer uninterruptedly within the specified period, it was observed that the defendant employer did not report his employment to the relevant insurance directorate on time and that his SSI premiums were underpaid. Despite this unfair situation, since his rights arising from the law have not been paid to him, it has become necessary to submit this lawsuit to determine that the plaintiff client has worked for the entire period.
For the reasons we will explain below and the evidence we will submit in the annex of this petition and as will be revealed by the witness statements, the client has been entitled to all of his rights recognised by law. Namely
.
1- As it will be revealed with the insurance documents (Annex-1), the client was dismissed from work without any reason on …/…/….. He has worked uninterruptedly until this date and most of his work has not been reported to the insurance directorate.
2- As it can be understood from the pay slips submitted (Annex-2), the client was insured at the minimum wage like other workers working in the same position at the employer during the period he worked; ….. TL monthly wage in hand (witness statements are important in this regard).
3- The plaintiff client made a request to the defendant employer to deposit his insurance premiums, but the defendant did not give any response. Thereupon, the plaintiff client notified the defendant employer on …/…/…. dated …/…/…. dated …/…/…. dated …/…/…. dated Notary Public of Ankara with 12345 Journal Number (Annex-3), the notice reached the addressee, but the notice did not produce any results.
4- For all the reasons explained above and to be taken into consideration ex officio by your Honourable Court, without prejudice to our right to claim and sue for our other labour rights and claims and more, it has become necessary to file this lawsuit in order to determine that the plaintiff client was insured during these unreported periods.
LEGAL GROUNDS : Labour Law, Code of Civil Procedure, other relevant legislation
EVIDENCE :
Witness Statements, Plaintiff’s personal registration file, Subpoena of documents related to salary payments from banks, Subpoena of the plaintiff’s employment and exit notifications and service status documents from the SSI, OTHER DOCUMENTS SUBMITTED IN ADDENDUM, E-mail correspondence between the client and the defendant company, petitions, legal documents regarding mutual complaints (to be submitted later, subpoena is also requested.), All kinds of other evidence,
We reserve our right to present evidence against the evidence to be presented by the defendant.
CONCLUSION AND DEMAND :
For all the reasons explained above and to be taken into consideration by your Court ex officio:
-The plaintiff client was insured continuously in the service of the defendant employer between …/…/…. -…/…/…. To determine that the Plaintiff Client worked uninterruptedly as an insured between the dates of …/…/ -…/…/,
-We request by proxy that all kinds of trial expenses and attorney fees be decided to be left on the defendant. 01.09.2021
Plaintiff’s Counsel
Lawyer
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