The Worker Will Be Entitled to Severance Compensation if He Resigns Due to Non-Payment of Salary Pay Overtime, etc.
In this article, workers will be entitled to receive severance pay and other receivables in case of unjustified termination of the employment contract in case of non-payment of a number of receivables, such as overtime, wages, general vacation pay in the workplaces where they work. 22nd Legal Chamber of the Supreme Court 2017/27253 E. 2020/1489K.) There is an appropriate decision made by the relevant department.
If we briefly touch on such issues that arise between workers and employers before moving on to the relevant Supreme Court decision below; If we consider this situation, especially in the conditions of our country, unfortunately, many workers, although they work above their weekly working hours, they will often have to be paid overtime by employers and will receive annual leave and leave pay. Some rights are not paid. Also, in the process of continuation of the employment contract, workers often do not express this situation, and at the time they bring it, a process arises up to the unjust termination of the employment contract. In this regard, the decision of the Supreme Court in question is also correct in our opinion and has been a decision in favor of the disadvantaged worker.
22nd Legal Chamber of the Supreme Court
2017/27253 E.
2020/1489 K.
Court:Business Court
Case Type: Receivable
It was understood that the decision made as a result of the proceedings between the parties was requested to be examined on appeal by the parties' representatives and was in the period of the appeal requests. After hearing the report prepared by the Examining Judge... for the case file, the file was examined, discussed and considered as necessary:
Judgment of the Supreme Court
Summary of Plaintiff's Claim:
The plaintiff's representative claims that his client started working as a machine repairman at the defendant's workplace on 01.11.2007 and terminated the employment contract for a legitimate reason as of the date of the case, which is 04.06.2015, as of the date of the case, which is 04.06.2015, overtime, overtime, national holiday with severance pay, annual leave with severance pay, overtime, national holiday, He demanded that they take a week off be ruled out.
Summary of Respondent Response:
The defendant's representative filed the statute of limitations, stating that he did not indicate that the claimant was victimized by his claims to receive from them, but that he should accept that he had resigned and demanded that the decision be dismissed.
Summary of the Court Decision:
Since the court will receive the employment contract in accordance with the collected evidence and expert report, the claimant must submit a claim to the employer in this regard before terminating with the bet, or that if he terminates the employment contract for these reasons, he must inform the employer about this, and that the employer has no right to learn of the termination by notification of the lawsuit with the notification of the lawsuit, Claimant worker in the opinion that a claim may be made from the employer before the termination of the claims claimed in the lawsuit, although there is no need to recognize the notice of notice in the termination of the claim made in the lawsuit with the conclusion that the termination made by it is not justified, the decision is made on the partial acceptance of the case, as well as the rejection of the claim for the determination and collection of severance pay and the request for week vacation pay.
Appeal:
The decision is appealed by the representatives of the parties within the legal period.
Rationale:
1-On the basis of the legally required reasons on which the decision is based on the evidence collected from the writings in the file, it is necessary to order the rejection of all the appellant's appeals outside the scope of the following clause.
2- There is a dispute between the parties regarding the manner in which the plaintiff's employment contract is terminated and whether the plaintiff is entitled to severance pay.
The wage, which is equal to the labor of the worker, is the most important right for the employee, the most basic debt for the employer. Article 32/4 of the Labor Code No. 4857 is attached to the rule that the wage is paid no later than once a month. Again, Law No. 4857 does not provide for the payment of wages in advance, as stipulated in article 14 of the Press Labor Code No. 5953. Accordingly, unless otherwise agreed in an individual or collective employment contract, the worker's remuneration must be paid to the questioner after one month of work.
It is possible for the unpaid worker to claim this wage from the employer through legal means, such as litigation or enforcement action. The fact that the unpaid worker is going to get pursued or to refrain from performing his job until the wage is paid can lead to some problems in the continuation of the employment relationship. In this regard, the right of the worker, who does not want to enter into a dispute with the employer, to terminate the employment contract on the basis of just cause, is also recognized. The fact that the employee's wages are not paid in accordance with the provisions of the law or the contract gives the worker this opportunity. The fact that none or part of the fee has not been paid is irrelevant in this regard.
In order to be able to mention that the wage has not been paid, the worker must have reached the period of payment of wages established by law or contract and that the worker is entitled to this wage.
The remuneration referred to in Paragraph 24/II-E of Law No. 4857 should be considered as remuneration in a broad sense. Failure to pay receivables such as bonuses, premiums, fuel allowance, clothing allowance, overtime, week holidays, public holidays also gives the worker the possibility of justified termination.
In the concrete case, the Court decides that the plaintiff will receive the employment contract before terminating the employment contract with the bet, or if it terminates the employment contract for these reasons, it must inform the employer about it, and that it will not be fair for the employer to learn about the termination with the notification of the lawsuit and the termination of the notice of termination by the employer, for which reason it is justified to prevent the notice of termination if, although there is no need for recognition, it has been decided to refuse the claim for severance pay on the grounds that a claim may be made from the employer before the termination of the claims claimed in the lawsuit, it has been established that the claimant is entitled to overtime pay and national holiday pay, as stated in the petition for action. Considering that the claimant for legitimate termination does not have to notify the employer of the termination prior to the termination, it is possible to carry out an active termination by leaving the workplace, it is considered that the Court's grounds are incorrect, that the non-payment of debts has been stated as the reason for termination and that the plaintiff has terminated the employment contract for a legitimate reason It is necessary to decide on the acceptance of the claim for severance pay on the basis of which it is necessary to decide on the acceptance of the claim, while the decision to reject the claim with written reasons was erroneous and entailed its violation.
CONCLUSION: The decision was unanimously decided on 04/02/2020 to CANCEL the appealed judgment for the reasons described above, to return the appeal fee received in advance to the interested parties on request.