TC
Supreme
law office
ORIGINAL NO.: 2017/5716
DECISION NO: 2017/14596
DECISION DATE: 2.10.2017
SUMMARY:
The employer of the employee working in places subject to condominium ownership is the condominium owners, and the condominium owners are equally responsible for the labor receivables. The management is in the position of the actual employer. Although it is appropriate to file a lawsuit against the management, it is necessary to establish a judgment against the floor owners in accordance with Article 20 /a of the Condominium Ownership Law.
The plaintiff requested that severance pay, notice compensation, national holiday and general holiday pay, annual leave pay, week holiday pay, overtime pay and wage receivables be decided together with severance pay.
The local court decided to partially accept the case.
Despite the fact that the defendant was appealed by his lawyer during the conviction decision, the file was examined, discussed and deemed necessary upon hearing the report issued by the Investigating Judge on the case file:
decision
Plaintiff’s attorney; Saturday Sunday November Dec 2012 your client, who works as a security guard, garden, cleaning worker at the defendant workplace, is a construction site that works continuously between 01/05/2009-30/08/2013, people live densely and 300 81 people who clean the garden of the site, irrigate, fertilize, do all maintenance and cleaning, do internal and external maintenance work, his client, who works from Dec 06.00 to 21.00 in the morning, his client did not take a week off, including Saturdays and Sundays, did not use his wages, in the last year, one day a week was accepted as a weekday leave on Tuesdays,
but on this day he returned to the construction site at 16:00 and continued his services, as he will receive a fee of 250.00 TL for the last 10 days.do not click, 2009-2010 2009-2010, who does not use his annual leave per year, does not allow religious holidays, is not allowed to work on the first three days of public holidays, although he was told that he should continue to work if he uses short-term leave before being allowed under the same conditions, when he told him this, the defendant’s severance and notice compensation and annual leave fees, he asked for a decision to be made on national holidays, general holidays, week holidays, overtime and the collection of wages.
The defendant’s attorney informed that the plaintiff worked as an apartment attendant, did not start working on 16/07/2012, when his annual leave ended, the plaintiff could be reached on 18/07/2012, and the plaintiff left his job on the same date, left of his own accord by submitting a petition stating that he had no money to buy from the site.
With the partial acceptance of the case by the court, the defendant was charged severance and notice compensation, as well as annual leave, national holiday, general holiday, week holiday, overtime pay.
The defendant appealed the decision.
1-)Considering the evidence collected from the articles in the file and the legal reasons on which the decision is based, the defendant’s appeals that fall outside the scope of the following paragraph are not appropriate.
2-Decembers Whether the plaintiff worked during the week holiday or not is a matter of dispute between the parties.
Sunday paid the accounts receivable calculated according to the statements of the plaintiff’s witness, although the court decided that the defendant’s witness and the plaintiff’s witness declared that the plaintiff had a holiday on Sundays. In this case, taking into account the statements of the defendant’s witnesses and the contradictory and abstract statements of the plaintiff’s witnesses, it turned out that the plaintiff could not prove his claim that he was working during the week break. Acceptance of the request instead of rejection is erroneous.
3-) The employer of the employee working in the places subject to condominium ownership is the condominium owners, and the condominium owners are equally responsible for the labor receivables. The management is in the position of the de facto employer. Although it is appropriate to file a lawsuit against the management, it is necessary to establish a judgment against the floor owners in accordance with Article 20 /a of the Condominium Ownership Law.
CONCLUSION:
It was decided unanimously on 02.10.2017 that the appealed decision should be OVERTURNED for the reason written above, and that the appeal fee previously received should be returned to the relevant person if requested.