The Jurisdiction Of The Labor Courts At The Address Where The Claimant Performed His Work
T.C. JUDICIARY
20th Civil Chamber
Main: 2016/5753
Decision: 2016/7425
Date of Decision: 22.06.2016
LABOR RECEIVABLES LAWSUIT – THE JURISDICTION OF THE LABOR COURTS AT THE ADDRESS OF THE PLAINTIFF’S PLACE OF WORK – THE PLAINTIFF EXERCISED HIS RIGHT OF ELECTION AND FILED A LAWSUIT AT THE COURT OF THE PLACE WHERE HE PERFORMED HIS WORK, WHICH HAS JURISDICTION
SUMMARY: In the concrete dispute, the plaintiff’s workplace address is “…/…” and this address is within the jurisdiction of ……….. Labor Courts are within the jurisdiction of the Labor Courts, the plaintiff filed a lawsuit in the court where he did his job, which is authorized by using his right of choice, therefore, the dispute should be heard and concluded in ……….. The dispute must be heard and finalized at the Labor Court.
(5521 S. K. art. 5)
Case and Decision: All documents in the file sent for the determination of the place of jurisdiction due to the decision of lack of jurisdiction separately by Istanbul 4th Labor Court and Bakırköy 6th Labor Court in the lawsuit between the parties regarding the labor receivables were examined and the necessity was considered.
The lawsuit is related to the claim for severance pay, annual leave, overtime and general holiday pay.
Istanbul 4th Labor Court ruled for lack of jurisdiction on the grounds that pursuant to Article 5 of the Labor Courts Law No. 5521, the lawsuit must be filed in the court where the defendant resides or where the work is performed, and that jurisdiction in labor proceedings is of public order and must be taken into consideration ex officio.
Bakırköy 6th Labor Court, on the other hand, ruled for lack of jurisdiction on the grounds that jurisdiction in labor proceedings is a matter of public order and must be taken into consideration ex officio, and that the lawsuit must be filed in the court where the defendant resides or where the work is performed, pursuant to Article 5 of Law No. 5521. According to Article 5 of the Law No. 5521, the lawsuit must be filed in the court where the defendant resides or where the work is performed, in the concrete dispute, the place where the work is performed is in the jurisdiction of Istanbul and the company headquarters is in the jurisdiction of …, although the lawsuit was filed in the court where the work is performed, the file was sent by issuing a decision of lack of jurisdiction, the address where the plaintiff conducts his business is “…/…” and this address is within the jurisdiction of the … Court.
Article 5 of the Labor Courts Law No. 5521 stipulates that the labor courts have jurisdiction over labor disputes. Accordingly, “Every lawsuit to be filed in the labor courts may be heard in the court of the place which is deemed to be the residence of the plaintiff in accordance with the Turkish Civil Code at the time of filing, as well as in the competent court for the workplace where the employee performs his/her work. Any agreement contrary to these provisions shall not be deemed valid.”
The jurisdiction rule in the Labor Courts is in accordance with the jurisdiction rules of the Code of Civil Procedure, and in addition to this, it also authorizes the courts where the work is performed, in other words, where the workplace is located.
Lawsuit filed with the labor court must be filed with the labor court or the civil court of first instance in charge of handling labor cases in the place where the defendant’s residence is located or where the employee performs his/her work on the date of the lawsuit.
The jurisdiction rule in the aforementioned article regulating the jurisdiction of the labor court is of public order and is definitive. According to the aforementioned provision, the plaintiff employee may file the lawsuit in the court where the work is performed, as well as in the court of the defendant’s domicile.
In the concrete dispute, the address of the place where the plaintiff performs his work is “…/…”, this address is within the jurisdiction of Istanbul Labor Courts, the plaintiff has filed a lawsuit in the court where he performs his work, which is authorized by using his right of choice, therefore, the dispute should be heard and concluded in Istanbul 4th Labor Court.
Conclusion:
For the reasons explained above, it was unanimously decided on 22.06.2016 to determine Istanbul 4th Labor Court as the place of jurisdiction in accordance with Articles 21 and 22 of the CCP No. 6100.
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