National Holiday And General Holiday Wage Lawsuit Petition
-SAMPLE PETITION-
ANKARA ( ) LABOUR COURT 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 National Holiday and General Holiday Wage 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 Bureau File Number 2021/…… Mediation Number 2021/…… issued by Mr Mediator is …/…/…. Dated ELECTRONIC SIGNATURE Final Minutes of Mediation in Civil Disputes (Annex-1) is also attached hereto.
As it is fixed in the submitted mediation minutes, the client has worked on national holidays and general holidays; although he is entitled to UBGT receivable, the defendant has refrained from paying this receivable to him.
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 the witness statements, the client has been entitled to the entire UBGT receivable, which is a right recognised to him by law. Namely
.
According to Article 47 of the Labour Law No. 4857, “If the employees working in the workplaces covered by this Law do not work on the days accepted as national holidays and general holidays in the laws, they are paid their full wages for that day without any work, and if they work without taking a holiday, they are also paid one day’s wage for each day worked. In workplaces where the percentage method is applied, the national holiday and general holiday wages of the workers are paid to the worker by the employer.” It is stated.
According to the Labour Law No. 4857, certain conditions are stipulated in order for the employee to be entitled to UBGT receivable. These conditions are
-Working in a workplace covered by the Labour Law
-Working on a National Holiday and General Holiday.
Although the plaintiff client has met both of these conditions, he is entitled to UBGT receivable.
With the letter sent by the defendant employer dated …/…/…. (ANNEX-2) on the termination of the employment contract, which we have attached, the employment contract was terminated on the grounds of “…”. This receivable of the client has not been paid to him until today.
.
As can be seen from the pay slips submitted (Annex 3), the client was insured at the minimum wage like other workers in the same position at the employer during the period of his employment; ….. TL monthly wage in hand. The client and other employees working at the workplace work on national holidays and general holidays (witness statements are important in this regard).
As it can be understood from the defendant employer’s admission, the plaintiff client was dismissed without being given the UBGT receivable, and in this context, we demand that the UBGT receivable, which is his legal right and the equivalent of his work, be calculated and given to the plaintiff client together with the interest to be operated.
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 forfeiture of our UBGT 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 by your Court ex officio:
– 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 UBGT fee receivable from the defendant together with the highest bank deposit 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. 26.08.2021
Plaintiff’s Counsel
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