Annual Paid Leave Claim Petition
-SAMPLE PETITION-
ANKARA ( ) LABOUR COURT JUDGE ON DUTY
DEFENDANT :
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT :
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 Annual Paid Leave receivable together with interest.
OUR EXPLANATIONS
Client A….. B….. started to work at the defendant workplace on …/…/…. and worked with an indefinite-term service contract until …/…/…. when he was dismissed.
Within the scope of our above-mentioned receivable claims, an application was made to the Ankara Courthouse Mediation Office on …/…/…., and the ELECTRONIC SIGNED Mediation Final Minutes (ANNEX-1) dated …/…/2021 with Bureau File Number 2021/…… Mediation Number 2021/…… issued by Mr Mediator is also attached.
As it is fixed in the submitted mediation minutes, although the client is entitled to annual paid leave, he has not been granted annual paid leave since …/…/2021, and the defendant company has also refrained from paying the annual paid leave receivable to him.
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 the witness statements, the client has the full amount of the annual paid leave receivable, which is a right granted to him by law. Namely
According to the Labour Law No. 4857, in order for the employee to be entitled to annual paid leave, “One year must have passed from the date the employee actually started work.”
One year has elapsed since the plaintiff client actually started work, and since he meets all the conditions required by the law, he is entitled to annual paid leave. However, the defendant employer has not allowed him to use his annual paid leave since …/…/…. due to “…”.
.
Article 55 of the Labour Law specifies the days deemed to have been worked, and it is clear that the plaintiff client has not been granted an annual paid leave other than these periods. The following Article 56 states that “Annual paid leave cannot be divided by the employer. This leave must be given continuously by the employer within the periods shown in Article 53.” This right of the plaintiff is protected. As it is clearly understood from the articles of the law, while the plaintiff’s annual leave should be used by the defendant employer, it is against the law not to use this right with various excuses.
In Article 59 of the Law; “- In the event of termination of the employment contract for any reason, the wage of the employee for the annual leave periods that the employee is entitled to but has not used, shall be paid to him or his beneficiaries at the wage on the date of termination of the contract. The statute of limitations regarding this wage starts from the date of termination of the labour contract.” With this article provision, it is clear that the plaintiff client has been entitled to the entire wage for the annual leave that he did not use even though he was entitled to it as of …/…/…., the date of termination of the employment contract.
.
1- As it will be revealed with the SSI documents to be submitted (Annex-2), the client was dismissed without any reason on …/…/2021; the wage claim for annual leave has not been paid to him until today.
2- As it can be understood from the submitted payrolls (Annex-3), 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 in hand. The client and other workers have not been able to use their annual leave since …/…/….. (Witness statements are important in this regard.)
3- Plaintiff client, Ankara Notary ….. …/…/…. dated …/…/…. (Annex-5) of the Ankara Notary Public, but no payment was made by the defendant employer for the plaintiff client’s receivables within the specified period.
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 by judgement 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:
– With the acceptance of our lawsuit, without prejudice to our receivables that will be fully revealed by the expert report, for the time being …. TL Annual Leave Fee Receivable from the defendant with legal interest from the date of default / lawsuit,
-We request by proxy that all kinds of trial expenses and attorney fees be decided to be left on the defendant. 31.08.2021
Plaintiff’s Counsel
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