24 February 2016
Sunday, April 21, 2013, 16:42 - Published
Supreme Court of Appeals General Assembly on Civil Law Decision on "Employee Claims Constituting Indeterminate Claims"
The Supreme Court of Appeals General Assembly on Civil Law has ruled that "employee claims constitute indeterminate claims." With its decision addressing the application issue of Article 109 of the Turkish Civil Procedure Code (HMK), it has effectively resolved the matter by allowing partial lawsuits for employee claims.
(Supreme Court of Appeals General Assembly on Civil Law Case No: E.2012/9-838, Decision No: K.2012/715, Date: 17.10.2012)
Summary: In cases where overtime work cannot be proven with definitive evidence, it is accepted that a certain amount of time should be deducted from the period determined by discretionary evidence. The plaintiff’s attorney did not clarify the amount of the client’s salary in the petition, nor did the defendant’s attorney provide detailed explanations regarding the salary in the defense. The workplace payroll records and bank statements regarding the plaintiff’s salary present inconsistencies, and the employer did not provide evidence to demonstrate compliance with the obligations imposed on them. It is also not possible to claim that the amount of the claim concerning overtime and severance pay is undisputed or clearly determined between the parties. The trial requires obtaining an accounting report and determining the salary that forms the basis for the compensation and claims.
