Employee receivables are regulated by our Labor Law No. 4857 and are monetary values such as wages, compensation, etc., paid in return for the employee’s labor and work.
The issue of employee rights and claims arises when employees leave or are dismissed from their workplace. Often, the employer and employee cannot reach an agreement on this matter, and employee rights and claims are brought before the court through litigation.
Claims ruled in favor of the employee are generally collected on a gross basis, and it is decided that deductions will be taken into account during the enforcement phase. In enforcement proceedings, it should first be examined whether the court has determined the claims on a gross basis. If the employee’s claims have been determined on a gross basis, the necessary deductions should be made, and the claims should be netted and pursued on the basis of these amounts.
It is unlawful for employee claims to be subject to enforcement proceedings based on gross amounts without being converted voluntarily and to be the subject of a complaint. Since the complaint in question constitutes a deviation in enforcement proceedings, it is related to public order, and a lawsuit can be filed indefinitely in the enforcement court through the complaint.
The Supreme Court’s decision on the matter is as follows:
SUPREME COURT 8TH CIVIL CHAMBER. 2015/17339K. 2015/20274T. 12.11.2015
SUMMARY: The case concerns a request for the cancellation of enforcement proceedings. In the case of continuous enforcement proceedings, complaints regarding the gross amount of the claim and the failure to make legal deductions are contrary to law and, as these complaints concern public order, they may be brought before the Enforcement Court without limitation.
In this case, the court must decide based on the outcome of an expert examination, if necessary, and it is not correct to dismiss the complaint before the deadline.
PROCEDURE:
Upon the plaintiff’s request for examination within the time limit specified in the court decision dated and numbered above, the file related to this work was sent to the Chamber from the place of the incident. After hearing the report prepared by the Examining Judge regarding the case file and reading and examining all the documents in the file, the work was discussed and deemed necessary:
DECISION:
The debtor’s representative, the creditor, requested that the items of receivable be waived, stating that the legal deductions were requested gross and that no legal deductions were made, in the enforcement proceedings initiated by the Kırşehir Enforcement Directorate with file number 2015/1229 E. against his client, based on the decision of the Kırşehir 1st Civil Court of First Instance dated 20.01.2015 and numbered 2015/49 E.2013/216 E. it was stated that legal deductions were requested gross, that no legal deductions were made, and that the cancellation of the receivables was requested.
Since the 7-day complaint period had expired as of the notification of the enforcement order, the debtor’s attorney objected to the decision to reject the complaint on the grounds of time.
If the enforcement proceedings continue, the claim that the receivables should be demanded gross and that no legal deductions should be made is contrary to law, and since these complaints concern public order, they can be filed with the Enforcement Court without a time limit. (HGK Decision dated 21.06.2000 and numbered 2000/12-1002)
In this case, the Court must decide based on the outcome of an expert examination, if necessary. It is not correct to reject the complaint before the deadline.
CONCLUSION:
The Court’s decision to accept the debtor’s representative’s appeal is overturned for the reasons stated above, pursuant to the temporary Article 3 of Article 428 of the Code of Civil Procedure No. 1086 and the temporary Article 3 of Article 366 of the Code of Civil Procedure. , that the parties may request a correction of the decision in accordance with Article 388/4 of the Capital Markets Board (SPK), and that the plaintiff be refunded the advance fee of TL 27.70 upon request.