Severance Pay Lawsuit Petition
………… ( ) LABOUR COURT ON DUTY
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer …………….
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
CASE VALUE :…… TL
SUBJECT OF REQUEST : For the time being, provided that our demands are increased after the expert report and our rights regarding the surplus are reserved, ….. TL Severance Pay receivable together with interest.
OUR EXPLANATIONS
Client A….. B….. started to work at the defendant workplace on 01.01.2000 and worked with an indefinite-term service contract until 01.01.2020, when he was dismissed.
Within the scope of our above-mentioned receivable claim, an application was made to the Ankara Courthouse Mediation Bureau on 01.06.2021, and the Bureau File Number 2021/….. issued by Mr Mediator The Final Minutes of Mediation as a Condition of Litigation in Civil Disputes dated ../..2021 with Mediation Number 2021/….. (Annex-1) is also attached hereto.
As it is fixed in the submitted mediation minutes, although the client is entitled to severance pay receivable, the payment of this receivable to him by the defendant company has been refused with the claim of the existence of just cause termination.
For the reasons we will explain below and as will be revealed by the evidence we will submit in the annex of this petition and witness statements, the client has been entitled to the entire severance pay receivable, which is a right recognised to him by law. Namely
.
According to the Labour Law No. 4857, certain conditions are stipulated for the employee to receive severance pay from the employer. These conditions are
-The employee must have worked for an employer for one year or more (General Condition required in all cases)
-Employment is one of the employment contracts within the scope of Article 4 of the Labour Law No. 4857 (General Condition required in all cases)
-The employment contract has not been terminated by the employer for a just cause or has been terminated by the employee for a just cause.
The plaintiff client meets all the conditions sought by the law and is entitled to receive severance pay.
With the letter sent by the defendant employer dated …/…2020 (ANNEX-2) on the termination of the employment contract dated …/…2020, which we have attached, the employment contract was terminated on the grounds of the so-called “………………………..”. This notification of the defendant employer does not reflect its real will. It is clear that the termination made by the defendant employer is not a valid and justified termination.
.
1-As it will be revealed with the insurance documents to be submitted (Annex-3), the client was dismissed on 01.01.2020 without any reason; his severance pay receivable has not been paid to him until today.
2- As it can be understood from the payrolls submitted (ANNEX-4), the client’s insurance is paid at the minimum wage like other workers working in the same position in the employer during the period he worked; ….. TL is paid monthly by hand. (Witness statements are important in this regard.)
3- As can be seen from the e-mail correspondence and telephone messages (ANNEX-5) we have attached, the plaintiff client was promised that his receivables would be paid, the client’s rights to file a lawsuit were delayed, but the receivables that belonged to the client, which were acknowledged by both the defendant employer and the employer with these messages, were not given to the plaintiff client.
4- For all the reasons explained above and to be taken into consideration ex officio by your Honourable Court, it has become necessary to file this lawsuit in order to make a decision for the collection of our severance pay receivable for the time being, without prejudice to our other labour rights and claims and our right to demand and sue more.
LEGAL GROUNDS :
Labour Law, Code of Civil Procedure, other relevant legislation
EVIDENCE :
Final Minutes of Mediation, Plaintiff’s personal registry file, subpoena of documents related to salary payments from banks, witness statements, subpoena of the plaintiff’s employment and exit notifications and service status documents from SSI, OTHER DOCUMENTS SUBMITTED IN ADDENDUM, e-mail correspondence between the client and the defendant company, petitions, expert report, discovery, oath, all kinds of other evidence (We reserve our right to show evidence against the evidence to be shown by the defendant)
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration ex officio by your Honourable Court:
-Collection of …..TL Severance Pay Receivable from the defendant together with the highest bank deposit interest from the date of termination, without prejudice to our right to claim and sue for the excess of the plaintiff’s receivables to be determined by the expert report,
-We request by proxy that all kinds of trial expenses and attorney fees be decided to be left on the defendant. 22.08.2021
Plaintiff’s Counsel
Lawyer
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