Labor Claims Case (Termination Of Employment Contract Due To Marriage) (Partial Case) (New Petition)
TERMINATION OF EMPLOYMENT DUE TO MARRIAGE
The legislator grants the right to resign on the grounds of marriage to the female employee. If the employee wants to terminate his/her employment contract due to marriage, he/she must do so within 1 year from the date of the official marriage. If a person terminates his/her employment contract due to marriage, the notice period does not apply. For this reason, the right to notice pay does not arise between the parties.
EMPLOYEE RECEIVABLE LAWSUIT PETITION SAMPLE
… TO THE JUDGE OF THE LABOR COURT;
THE PLAINTIFF :
ADRES :
PROVISIONAL :
ADDRESS :
DEFENDANT :
ADDRESS :
ATTORNEY :
ADDRESS :
SUBJECT : Pursuant to Law No. 1475, it is about the request for the collection of our receivables arising from the employment contract terminated due to marriage.
CASE VALUE :
(In cases related to property rights) … – TL. wage receivable (unpaid wages for the last … month of employment)
… – TL. severance pay
…- TL. holiday vacation pay
…- TL. overtime work fee
Total: …- TL.
EXPLANATIONS :
1-) Our client … … started to work as … at the workplace of the defendant … … with the employment contract (Annex-1) concluded on …/…/…. Until …/…/…/…/…the date of termination of the employment contract, he has served for a total of … years … months … days without interruption.
2-) Our client married his wife … … on …/…/…/… in … (Annex-2). Our client’s wife runs her own shop … in …. (Annex-3). For this reason, after the marriage, our client moved to the city of … where his wife lives and works (Annex-4).
3-) Our client’s desire to live with his spouse after the marriage is in accordance with the ordinary course of life and is also one of the requirements of common life. Therefore, the employer’s failure to pay our client’s receivables, which was aware of the wedding date and the termination of our client’s employment contract due to marriage, is an indication of bad faith. This is because the employer was informed by our client ….. days in advance that she would quit her job with the notice of the Notary …… with …… journal no. (Annex – 5)
4-) Our client has not been paid his wages for the month of …, severance pay, overtime wages for overtime work done several days a week due to the intensity of the work in the months of …-…, but the total duration of which is not certain, and the wages for the days he worked on the …. Feast and … Feast holidays of the year …. This situation will be confirmed by the workplace records to be examined if deemed appropriate by the court and the statements of our witnesses (ANNEX-6) to be heard. Although it has been stated by the employer that the receivables subject to the lawsuit will be paid on …/…/…, there is no net payment made to our client until the date of this lawsuit.
5-) Accordingly, it has become necessary to apply to your court for this Partial Lawsuit for the collection of the severance pay with the highest interest to be applied as of the date of termination of the contract …/…/…/… in case it is calculated by expert experts to be increased (to be increased as soon as it is possible to be fully and precisely determined); with legal interest to be accrued in terms of other receivables.
LEGAL GROUNDS : Art. 1475 S. Code, Art. 14; 4857 S. Code, Art. 32, 41, 44; 7036 S. Code, Art. 5, 6, 7, 9; 6100 S. Code, Art. 109.
LEGAL EVIDENCE : Employment contract dated …/…/…, marriage certificate belonging to our client, records of the shop belonging to our client’s spouse, certificate of residence, …… Notary’s …. The witness list showing the names and addresses of the witnesses and the subjects they will testify, Workplace records, Expert examination.
CONCLUSION AND REQUEST : For the reasons we have explained above, we request on behalf of our client to collect a minimum total of …..-TL with the highest interest to be applied as of …/…/…/…, the date of termination of the contract in terms of severance pay (to be increased as soon as it is possible to determine it fully and precisely) to be increased if it is calculated by expert experts and to be increased if it turns out to be excessive; to collect a minimum total of …..-TL with legal interest to be accrued in terms of other receivables; We request that the judicial expenses and attorney fees be decided to be imposed on the other party. …/…/…
ANNEXES: 1-) Employment contract dated …/…/….
2-) Marriage certificate of our client.
3-) Records regarding the shop belonging to our client’s spouse.
4-) Certificate of residence.
5-) …… Notary …. Notice with journal number
6-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
7-) One approved power of attorney sample.
Plaintiff Attorney
ATTY.
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