It Is Incorrect To Calculate The Gross Receivable Without Taking Into Account The SGK Premium And Unemployment Insurance Deductions Applicable To The Employee’s Share.
Summary:
It is incorrect to calculate the gross receivable converted to net without taking into account the SGK premium and unemployment insurance deductions applicable to the employee’s share.
Republic of Turkey
Supreme Court of Appeals
9th Civil Chamber
Case No: 2014/14603
Decision No: 2015/30987
Date: November 3, 2015
The plaintiff requested a decision ordering the payment of the leave allowance.
The local court partially accepted the claim.
The defendant’s attorney appealed the decision within the appeal period, and after hearing the report prepared by the Review Judge for the case file, the file was examined, and the necessary discussions and considerations were made:
COURT OF APPEALS DECISION
A) Summary of the Plaintiff’s Claim:
The plaintiff’s attorney stated in the complaint that the plaintiff began working at the defendant university’s press and publishing house on April 3, 1990, and worked continuously until January 14, 2013, and that due to the intensity of the work, the client never took any paid leave during their employment period, and requested that the defendant be ordered to pay the leave allowance.
B) Summary of the Defendant’s Response:
The defendant requested that the case be dismissed.
C) Summary of the Local Court’s Decision:
Based on the evidence gathered and the expert report, the court found that the plaintiff worked continuously at the defendant’s workplace between April 2, 1990, and January 14, 2013, and filed a lawsuit with our court stating that he did not use his annual leave, The defendant employer was required to prove with written documentation that the plaintiff had used his annual leave during the period he worked, but no such documentation was submitted by the defendant employer. Therefore, the court decided to partially accept the case on the grounds that it could not be proven that the plaintiff had used his annual leave during the period he worked.
D) Appeal:
The defendant appealed the decision.
Reasoning:
1- Based on the documents in the file, the evidence gathered, and the legal grounds on which the decision is based, the defendant’s appeals outside the scope of the following clause are unfounded.
2- The calculation made by the expert without considering the SGK premium and unemployment insurance deductions falling to the employee’s share during the conversion of the gross claim to net is incorrect.
3- The court’s failure to consider that the defendant university is exempt from fees under Article 56/b of Law No. 2547 is incorrect.
4- The failure to specify whether the amounts awarded are net or gross, which may cause uncertainty in enforcement, is also erroneous and warrants reversal.
F) Conclusion:
The appealed decision is reversed for the reasons stated above, and the decision was made unanimously on November 3, 2015.