Petition For Overtime Working Fee Lawsuit
-SAMPLE PETITION-
ANKARA ( ) LABOUR COURT ON DUTY
THE PLAINTIFF :
ADDRESS :……
DEFENDANT :
ADDRESS :
TELEPHONE :
DEFENDANT :
ADDRESS :……
CASE VALUE :….
SUBJECT OF THE DEMAND :
….. for the time being, provided that our demands are increased after the expert report and our rights regarding the surplus are reserved. TL overtime wage receivable together with the highest bank deposit interest from the date of the lawsuit.
OUR EXPLANATIONS
Client A…. B…. As can be seen from the attached SSI employment declaration, he started to work for the plaintiff on 12.02.2015 and his last net wage is ….. TL.
The plaintiff client works for the defendant 6 days a week between 08:00-19:00 and has a 1-hour meal break between 12:00-13:00 every day. This issue will be revealed by witness statements. In such a working order, the plaintiff client works 60 hours a week, and more than 45 hours of work per week is considered overtime and each hour of work is multiplied by 1.5 and the overtime wage to be received by the employee is calculated.
The plaintiff client was unfairly dismissed by the defendant on 01.08.2021, and the defendant did not pay overtime wages to the plaintiff client.
For all the reasons explained above and to be taken into consideration ex officio by your Honourable Court, without prejudice to our right to demand and sue our other labour rights and claims and more, for now …. It has become necessary to file this lawsuit in order to make a decision for the collection of our overtime wage receivable by judgement.
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, notices, 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:
-With the acceptance of our lawsuit, without prejudice to our receivables that will be fully revealed by the expert report, for now ….. TL overtime wage receivable to be collected from the defendant together with the highest bank deposit interest to be processed from the date of default / lawsuit,
-To charge all kinds of judgement fees and expenses and attorney’s fees to the other party
We request a decision by proxy.25.08.2021
Plaintiff’s Counsel
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