Severance And Notice Pay Business Petition
……. TO THE HONORABLE JUDGE
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT :
Without prejudice to our right to claim and sue for more ……. Severance Pay ……. With the highest rediscount interest as of the date and ……. Notice Compensation ……. With Legal Interest from the Date of .
EXPLANATIONS :
1-While our client has been working as a secretary in the Production Directorate of the defendant workplace since ….., on 04.03.1998, in accordance with the decision of the Disciplinary Board dated 04.03.1998 and 1998/2 dated 04.03.1998, she was dismissed from the X. Pursuant to Article 8/C-4 of the Term Collective Labor Agreement and Article 17/2 of the Law No. 1475, her employment contract was terminated without compensation on the grounds that she obtained unfair gain by receiving overtime wages even though she did not work overtime and thus caused damage to the Company, and this situation was notified to our client with a notice dated ……. and numbered ……. of ……..
2-Our client’s objection against the termination of his service contract was rejected by the Disciplinary Board’s decision dated 17.03.1998 and numbered 1998/3.
3- In its decision dated 04.03.1998 and numbered 1998/2, the defendant Company stated that “With the approvals of the General Management Authority dated 27.02.1998 and numbered 1004, during the examinations made at the Production Directorate, the tallyman added names and overtime hours to some copies of the weekly overtime forms prepared in duplicate by the Production Directorate tallyman in 1997 and 1998 and approved by the Production Directorate and sent to the Personnel and Social Affairs Directorate ….. …….. on some copies of the weekly overtime forms prepared in duplicate by the scorekeeper and approved by the Production Directorate and sent to the Directorate of Personnel and Social Affairs” and his employment contract was terminated without compensation.
4-Our client has no knowledge of the incident regarding the termination of her employment contract. The overtime hours in question were written by the tallyman ….. without our client’s knowledge ……. without our client’s knowledge. Our client worked overtime when requested at the workplace. The tallyman ….. ……. prepared a legal ground for his action by showing many personnel as having worked overtime in order to make a cover for his actions of making unfair profit and caused our client’s victimization.
5-After the emergence of this incident, as a result of the research carried out by our client, it was revealed that there were days when he worked overtime but did not appear to have worked overtime. The number of hours worked on the overtime schedule is written by the tallyman …. ……. It is not possible for our client to check this. Our client has been working at the defendant’s workplace for 12 years and is known for his honesty and commitment to work. It is not possible for her to gain unfair gain by resorting to this method. Since she is the only female employee working as a secretary at the workplace, she does not even have a friend with whom she can compare or calculate her salary. Therefore, it is not possible for her to realize the underpayment or overpayment in her salary.
6- Moreover, our client has never worked overtime between the dates in question. Overtimes were worked by the tallyman ….. ……. by a haphazard and primitive technique, it appears that overtime was not worked on the days when overtime was worked and overtime was worked on the days when it was not. It is not possible to hold our client responsible for this situation. It is not legal to apply Article 17/2 of the Labor Law against my client, the situations that do not comply with the rules of morality and good faith here are the actions of the tallyman ….. …… action. It is not possible to hold our client responsible for someone else’s actions.
LEGAL GROUNDS : Labor Law, HUMK and Related Legislation
EVIDENCE :
CONCLUSION OF THE REQUEST :
Without prejudice to our right to claim and sue for more for the reasons presented and to be seen ex officio ……. Severance Pay with the highest rediscount interest from the date of ……. ……. Notice Compensation ……. We request that the highest rediscount interest from the date of and the highest rediscount interest from the date of and the highest rediscount interest from the date of and the highest rediscount interest from the date of and the highest rediscount interest from the date of and the highest rediscount interest from the date of and the highest rediscount interest from the date of and the highest legal interest from the date of .
ATTORNEY FOR THE PLAINTIFF
……..
You can access our other article examples and petition examples by clicking here.