Labor Claim Petition Sample
… TO THE JUDGE OF THE LABOR COURT;
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT :
CASE VALUE :
(In cases related to property rights) … – TL. wage receivable (unpaid wages for the last … months worked)
… – TL. severance pay
…- TL. notice pay
…- TL. holiday vacation pay
…- TL. overtime work fee
Total: …- TL.
EXPLANATIONS :
1-) Our client started to work as … in the … department in the workplace of the defendant … … with the employment contract (Annex-1) concluded on …/…/… date. Until …/…/…/…/…the date of termination of the employment contract, he has served for a total of … years … months … days without interruption.
2-) Our client’s employment contract was terminated by the employer unjustly, baselessly and unilaterally on …/…/… date.
3-) Our client, who was not reinstated despite winning the reinstatement lawsuit, has not been paid his wages for the months of … and …, notice and severance pay, overtime wages for overtime work done a few days a week due to the intensity of the work in the months of … – …, but the total duration is not certain, and the wages for the days he worked on the …. Feast of the year … and … Feast holidays. 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-3) to be heard.
4-) 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 Indefinite Receivable and Determination Lawsuit for the collection of the severance indemnity with the highest interest to be applied from 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 the legal interest to be accrued in terms of other receivables.
LEGAL GROUNDS : 1475 S. K. art. 14; 4857 S. K. art. 17, 32, 41, 44; 5521 S. K. art. 1, 5, 7, 8, 15, 6100 S. K. art. 107
LEGAL EVIDENCE : Employment contract dated …/…/…/…, …/… E. …/…/… K. numbered file of … Labor Court, witness list showing the names and addresses of the witnesses and the subjects they will testify, … Bank … numbered salary account of our client, workplace records, expert examination.
CONCLUSION AND REQUEST : For the reasons we have explained above, with the highest interest to be applied from the date of termination of the contract in terms of severance pay (to be increased as soon as it is possible to be fully and precisely determined) to be increased in case of excess when calculated by expert experts (to be increased as soon as it is possible to be fully and precisely determined), with the highest interest to be applied from the date of termination of the contract …/…/…/…; With legal interest to be accrued in terms of other receivables, we request the collection of a minimum total of …..-TL; We request by proxy on behalf of our client to be decided to impose the judicial expenses and attorney fees on the other party. …/…/…
ANNEXES: 1-) Employment contract dated …/…/…
2-) … Labor Court file numbered …/… E. …/… K.
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
4-) One approved power of attorney sample.
Plaintiff Attorney
……………………