……. TO THE COURT …….
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT :
Without prejudice to our rights regarding the excess ……. Notice pay, ……. Syndical compensation (Total: …….) together with legal interest from the date of termination of the employment contract.
EXPLANATIONS :
1-The client worked at the defendant workplace with the insurance registration number ……. from ……. until ……., when his employment contract was terminated.
2-The client’s employment contract was terminated for union reasons. On …/…/…., the client became a member of …….. together with 61 of his colleagues working at the workplace. The defendant employer pressured the client to resign from the union together with other union members, and when he failed to do so, he notified the client with a letter dated …/…/…. that his employment contract was terminated without seniority and without compensation.
3-The termination is aimed at eliminating the constitutional right to unionize.
a-) 23 workers’ employment contracts were terminated on the same day with the client,
b-) 23 workers whose employment contracts were terminated were union members,
c-) The fact that the defendant employer relied on the incident that he claimed to have occurred 40 days ago in the justification of the termination of the employment contract
4- Clear evidence that the termination was in fact aimed at ensuring deunionization.
Furthermore,
d-)We have witnesses who testified that they were pressured to resign from the union.
e-)13 workers resigned from the union as a result of the pressure exerted by the defendant employer.
f-)Şahin Saygın, whose employment contract was terminated for the same reason, was on medical leave on the date of termination.
g-)The defendant employer filed a lawsuit for the cancellation of the union’s authorization determination.
5- As it can be understood from all these, the defendant employer, with the terminations, aimed to eliminate the right to freely unionize, which is guaranteed by Article 51 of the Constitution and Article 31 of the Trade Union Law No. 2821.
6- Due to the unfair termination of the client’s employment contract due to union membership, it has become necessary to file this lawsuit for the collection of severance pay, notice pay, unused annual paid leave receivables and union compensation.
LEGAL GROUNDS : Labor Law, TSGLK and other relevant legislation.
EVIDENCE : Member registration receipt, authorization determination letter, notice of termination of employment contract, Supreme Court decisions, petitions of resignation from the union, report, cancellation of authorization determination, witness statements and other legal evidence.
RESPONSE TIME : 10 Days
CONCLUSION OF THE REQUEST :
As explained above, due to the unfair termination of the employment contract for union reasons, without prejudice to our rights regarding the excess ……. Notice Compensation and ……. Union Compensation with legal interest from the date of termination of the employment contract, the Court Costs to be charged to the defendant, and the counterparty attorney fee to be decided on our behalf as a lawyer in accordance with the 164/last paragraph of the Attorneyship Law No. 1136 amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF …….
Annexes
1-)Power of Attorney
2-)Member registration slip.
3-)Authorization determination letter.
4-) Letter of termination of employment contract.
5-)A document indicating that a worker’s employment contract was terminated while on sick leave.
6-)Declarations of withdrawal from membership and member registration slips.
7-)Petition for the cancellation of the determination of authorization.
You can access our other article examples and petition examples by clicking here.