Workers’ Claims Case Decision Of The Court Of Cassation
T.C. JUDICIARY
22nd Civil Chamber
Main: 2016/14184
Decision: 2016/17689
Date of Decision: 14.06.2016
LAWSUIT FOR WORKERS’ CLAIMS- SPECIAL PROVINCIAL ADMINISTRATION WHOSE LEGAL ENTITY WAS ABOLISHED – THE PLAINTIFF TERMINATED HIS EMPLOYMENT RELATIONSHIP BEFORE THE TRANSFER – DETERMINATION OF WHO IS RESPONSIBLE FOR THE RECEIVABLES CLAIMED – INCOMPLETE EXAMINATION – NECESSITY OF REVERSAL OF THE JUDGMENT
SUMMARY: There is no regulation in the Law on who is a party to the lawsuits filed for the collection of labor receivables arising before the transfer and which cannot be transferred to an institution and organization. In the case in question, since the plaintiff employee terminated the employment relationship before the transfer, it will be necessary to determine who is responsible for the receivables he claims. First of all, if the transfer, liquidation and allocation commission decision is obtained and it is determined to which institution the debts of the special provincial administration, whose legal entity has been abolished, are transferred before the transfer, the defendant party title is this institution or organization that has taken over the debt, and if there is no decision taken on the transfer of debts, the person who takes over the assets and receivables of the said special provincial administration will also be held responsible for the debts, In cases where an institution or organization with the capacity of a party to the lawsuit to be held responsible for the debt cannot be determined with all these investigations, considering that the debt is a debt arising from the work in the special provincial administration, which is a local administration unit, the lawsuit should be concluded by directing the case to the Ministry of Interior.
(1475 S. K. art. 14) (4857 S. K. art. 17, 41, 46, 47, 57) (6360 S. K. art. 1, 3, Late art. 1)
Case: The plaintiff requested a decision on the payment of severance, notice pay, annual leave, overtime, weekends, national holidays and general holiday wages.
The court partially ruled the request.
Since the judgment was appealed by the lawyers of the parties within the time limit, the file was examined, the file was examined and the necessity was discussed and considered after listening to the report prepared by the Examining Judge … for the case file:
Decision Summary of the Claimant’s Request:
The plaintiff’s attorney claimed that the plaintiff worked as an employee of the sub-employers in the workplace belonging to …, that his employment contract was terminated unfairly by the employer, that his receivables and compensations were not paid, and demanded the collection of severance pay, notice pay, annual leave pay, overtime pay, week holiday pay and national holiday general holiday pay receivables from the defendant with interest.
Summary of the Defendant’s Response:
The defendant’s attorney requested the rejection of the lawsuit.
Summary of the Court Decision:
The court decided to partially accept the lawsuit in line with the contents of the file and the expert report.
Appeal:
The decision was appealed by the parties within the legal period.
Rationale:
There is a dispute between the parties regarding the determination of the status of the defendant as a party.
Article 1, paragraph 1 of the Law No. 6360 dated 12.11.2012 on the Establishment of Metropolitan Municipalities and Twenty-Six Districts in Thirteen Provinces and the Amendment of Certain Laws and Decree Laws dated 12.11.2012 states that metropolitan municipalities were established in the provinces including Van province, paragraph 5 states that the special provincial administrations in these provinces were abolished, and Article 36 titled “Effectiveness” states that these provisions of the Law will enter into force in the first local administration election. With the entry into force of the aforementioned Law with the first local administration election after the date of its adoption, … legal entity has ceased to exist.
With paragraph 2 of Article 3 of the Law No. 6360; the references made to special provincial administrations in the legislation shall be deemed to have been made to the ministries, affiliated or related organizations of the ministries and their provincial organizations, the Treasury, governorships, metropolitan municipalities and their affiliated organizations or district municipalities for the special provincial administrations whose legal personality has been abolished within the scope of this Law, and the special provincial administrations whose legal personality has been abolished shall be deemed to have been made to the special provincial administrations whose legal personality has been abolished on 22.02. 2005 dated 22.02.2005 and numbered 5302, and the powers, duties and responsibilities given to the abolished special provincial administrations by the Law on Special Provincial Administration and other legislation will be used and fulfilled by these institutions and organizations accordingly, and the addressee in the lawsuits of the said special provincial administrations pending in the courts and in the lawsuits to be filed regarding the period they operated as special provincial administrations and the transactions carried out, is the relevant institution and organization to which the transfer transaction was made. In this case, it is undisputed that the lawsuits against the abolished special provincial administrations will be directed to the institution and organization to which they were transferred. In concrete disputes, in lawsuits filed against special provincial administrations, it is necessary to first determine to whom the defendant title will be directed by determining to which institutions and organizations the issues related to the activities and transactions that constitute the subject of the lawsuit have been transferred and whether the transferee also has legal personality.
Paragraph 1 of the Provisional Article 1 of the Law No. 6360, which regulates the transfer, liquidation and distribution of special provincial administrations whose legal personality has been terminated, states that a transfer, liquidation and distribution commission will be established by the governor to carry out the transfer, liquidation and distribution procedures, under the chairmanship of a deputy governor, with the participation of representatives of institutions and organizations deemed appropriate by the governor and the relevant mayors, and that sub-commissions may also be established by the appointment of the governor to assist this commission. In paragraph 4, the special provincial administrations whose legal entities are abolished by this law shall notify the governorate of their personnel, all kinds of movable and immovable properties, rights, receivables and debts within one month as of the publication date of this Law; the sale, allocation and lease of the immovable properties of these administrations, the execution of labor and collective labor agreements, all kinds of zoning applications (except construction permits), In paragraph 5, all kinds of movable and immovable properties, rights, receivables and debts of the special provincial administrations, whose legal entities were abolished, were transferred to the ministries according to their relevance with the decision of the commission, The immovables transferred to the Treasury of Finance shall be deemed to have been allocated to the institutions using them as of the date of the publication of the Law. Those allocated by the Ministry of Finance to special provincial administrations, municipalities and village legal entities, whose legal entities were abolished by Article I of this Law, shall be deemed to have been allocated to ministries, affiliated or related organizations of ministries, investment monitoring and coordination presidencies, metropolitan municipalities, affiliated organizations of metropolitan municipalities and district municipalities for the purpose of fulfilling the public duties assigned to them by their founding laws and with the decision of the commission.
Within the scope of these regulations, there is no regulation in the aforementioned Law on who is a party to the lawsuits filed for the collection of labor receivables arising before the transfer and which cannot be transferred to an institution and organization. In the case in question, since the plaintiff employee terminated the employment relationship before the transfer, it will be necessary to determine who is responsible for the receivables he claims. First of all, if the transfer, liquidation and allocation commission decision is brought and it is determined to which institution the debts of the special provincial administration, whose legal entity has been abolished, are transferred before the transfer, the defendant party title is this institution or organization that has taken over the debt, and if there is no decision taken on the transfer of debts, the one who takes over the assets and receivables of the said special provincial administration will also be held responsible for the debts, In cases where an institution or organization with the capacity of a party to the lawsuit to be held responsible for the debt cannot be determined with all these investigations, considering that the debt is a debt arising from the work in the special provincial administration, which is a local administration unit, the lawsuit should be concluded by directing the case to the Ministry of Interior, but it is erroneous to establish a written judgment with incomplete examination.
Conclusion It was unanimously decided on 14.06.2016 that the appealed decision shall be DISMISSED for the reasons written above, that it is not necessary to examine the other appellate objections for the time being, and that the prepaid appeal fee shall be returned to the relevant person upon request.