Return To Work Lawsuit Petition
………… ( ) LABOUR COURT JUDGE ON DUTY
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer …………….
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF THE CLAIM : It is about the invalidity of the termination and the request for reinstatement and reinstatement, compensation for non-employment, idle time wages and other rights to be paid.
EXPLANATION
Client A….. B….. started to work at the defendant workplace on …/…/…. and worked with an indefinite service contract until …/…/…. when he was dismissed.
Within the scope of the above-mentioned receivables and reinstatement requests, an application was made to the Ankara Courthouse Mediation Office on …/…/…., and the Office File Number 2021/….. issued by Mr Mediator Mediation Number 2021/….. with ….. The ELECTRONIC SIGNATURE Mediation Final Minutes (ANNEX-1) is also attached hereto.
As it is evident in the submitted mediation minutes, although the client was entitled to demand his reinstatement, his reinstatement was not realised and for this reason, the defendant company refrained from paying him the receivables he was entitled to, claiming the existence of just cause termination.
According to the Labour Law No. 4857, certain conditions are stipulated for the employee to request reinstatement from the employer. These conditions are
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1. Having worked in an employer’s enterprise employing at least 30 workers,
2. The employee has at least 6 months of employment with an Indefinite Term Labour Contract,
3. The contract has been terminated invalidly by the employer
4. Failure to give notice of termination and failure to take the defence of the employee “Except for Exceptions”.
The defendant employer terminated the employment contract on the grounds of “…” with the letter dated …/…/…. (ANNEX-2) on the termination of the employment contract sent by the defendant employer. This notification of the respondent employer does not reflect its real will. It is clear that the termination made by the defendant employer is not a valid and justified termination. None of the conditions required by law for immediate termination for just cause have occurred.
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1- As it will be revealed with the insurance documents to be submitted (Annex-3), the client was dismissed without any reason on …/…/…..
2- As it can be understood from the pay slips (ANNEX-4) submitted, the client’s insurance is paid at the minimum wage like other workers working in the same position in the employer during the period he worked; ….. TL monthly wage in hand (witness statements are important in this regard).
3- The plaintiff client applied to the Mediator for reinstatement within one month from the date of notification of termination to the defendant employer in accordance with Article 20 of the law. As no result has been obtained from the mediation activities, we have had the necessity to file this lawsuit within the two-week legal period from the issuance of the Mediator’s Final Minutes.
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4- The employment contract of the plaintiff client was terminated without just cause and in the presence of other conditions required by law. It is clear that the termination of the employment contract is invalid and against the law and procedure. In this context, we demand that the plaintiff client be given the compensation for non-employment, idle time wages and other rights as his legal right and in return for his work, together with the interest to be calculated and operated.
5- For all the reasons explained above and to be taken into consideration by your Court ex officio, without prejudice to our right to demand and sue for our other labour rights and claims and more, it has become necessary to file this lawsuit in order to determine the invalidity of the termination for the time being and to determine that the reinstatement and non-reemployment compensation, idle time wages and other rights should be paid.
LEGAL GROUNDS :
Labour Law, Code of Civil Procedure, other relevant legislation
EVIDENCE :
Final Minutes of Mediation, Plaintiff’s personal registry file, Subpoena of documents related to salary payments from banks, Subpoena of the plaintiff’s employment and exit notifications and service status documents from SSI, OTHER DOCUMENTS SUBMITTED IN ADDENDUM, E-mail correspondence between the client and the defendant company, petitions, legal documents regarding mutual complaints (to be submitted later, subpoena is also requested.), All kinds of other evidence,
We reserve our right to present evidence against the evidence to be presented by the defendant.
CONCLUSION AND DEMAND :
For all the reasons explained above and to be taken into consideration ex officio by your Honourable Court:
– Invalidation of the termination of the employment contract and reinstatement of the plaintiff client,
– To determine that reemployment and non-reemployment compensation, idle time wages and other rights should be paid for the period until the reemployment decision is finalised,
– We respectfully request that all kinds of trial expenses and attorney fees be decided to be left on the defendant party. 28.08.2021
Plaintiff’s Counsel
Lawyer
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