Week Holiday Claim Petition
………….( ) LABOUR COURT ON DUTY
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer ……………
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
CASE VALUE :…. TL (For Now)
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 Week Holiday receivable together with interest.
OUR EXPLANATIONS
Client A….. B….. has been working at the defendant workplace since …/…/2021, which he entered with the status of employee.
Within the scope of our above-mentioned receivable claims, an application was made to the Ankara Courthouse Mediation Office on …/…/…. and the Office File Number 2021/…… Mediation Number 2021/…… issued by Mr Mediator …/…/…. Dated ELECTRONIC SIGNATURE Final Minutes of Mediation in Civil Disputes (Annex-1) is also attached hereto.
As it is evident from the submitted mediation minutes, the claimant was not given week holiday leave during his employment with the employer. The employer not only did not allow the claimant client to use his holidays, but also refrained from paying him the week holiday working fee.
For the reasons we will explain below and as it will be revealed by the evidence we will submit in the annex of this petition and witness statements, the client has the full amount of the week holiday receivable, which is a right granted to him by law. Namely
.
1-According to Article 46 of the Labour Law No. 4857,
“In workplaces covered by this Law, workers shall be given at least twenty-four hours of uninterrupted rest (week holiday) within a period of seven days, provided that they have worked on the working days determined in accordance with Article 63 before the holiday.” It is stated. The client was not given such a week holiday by the employer. Moreover, according to the following paragraphs of the article,
“-For the unworked week holiday day, the wage of that day shall be paid in full by the employer without any work. Provided that;
a) The times that are not worked but are legally counted as working time and the holiday days arising from the law or contract, which are paid or not paid daily wages,
b) Leave periods listed in Annex 2,
c) Other leaves granted by the employer to stay within the one-week period and sickness and rest leaves granted with a doctor’s report shall be taken into account as days worked.
-In the event that the work in the workplace is suspended by the employer on one or more days of the week without a compelling and economic reason, the unworked days of the week shall be deemed to be worked in order to be entitled to paid week holiday.
-When compelling reasons arise in a workplace that require the work to be suspended for more than a week, the half wage paid to the workers for the days not worked due to the compelling reasons shown in subparagraphs (III) of Articles 24 and 25 shall also be paid for the week holiday day.” It is clear that the plaintiff client is entitled to week holiday pay. This receivable of the client has not been paid to him until today.
.
2- As it can be understood from the pay slips (Annex-2) submitted, 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 monthly wage is received in hand. The client and other workers working at the workplace were not allowed to use week holidays and were not paid their week holiday wages. (Witness statements are important in this regard.)
3- Ankara Notary ….. ….. dated Notice (ANNEX-4) of the Ankara Notary Public, but no payment was made by the defendant employer in terms of the plaintiff client’s receivables within the specified period.
4- In this context, we demand that the plaintiff client’s week holiday receivable, which is the legal right of the plaintiff client and the equivalent of his work, be calculated and given to the plaintiff client together with the interest to be operated.
5- 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 week holiday 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, 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, 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 ex officio by your Honourable Court:
– Acceptance of our lawsuit and collection of …..TL Week Holiday Receivable from the defendant with the highest bank deposit interest from the date of default / lawsuit, without prejudice to our receivables that will be fully revealed 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. 26.08.2021
Plaintiff’s Counsel
Lawyer
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