According to the expert report submitted to the court, the plaintiff is entitled to overtime, bonuses, children, family, education, road, etc. they have corrected their case in terms of what they will receive, and they will receive fuel oil assistance. The respondent employer has defined the statute of limitations within the period in the written objection petition he has filed against the reform. Article 126/3 of the Code of Obligations. according to the article, cases related to employee wages are subject to a 5-year statute of limitations. Overtime, bonuses, children, family, education, road, etc. the fuel aid they will receive is among these types of receivables they will receive. Dec.
For this reason,
the part that is outside the 5-year period from the date of the reform has expired, as they will receive overtime, bonuses, child, family, education, road and fuel assistance requested by the reform. The work to be done by the court, the request for October and overtime work that has not expired, bonuses, children, family, education, roads and fuel assistance should be determined, if necessary, by obtaining additional reports from experts, and an opinion should be expressed that a decision should be made on overtime, bonuses, children, family, education, roads and fuel assistance, according to the result that will be obtained. 9. HD. E. 2009/26776 2009/36953 K. 24.12.2009
…The plaintiff proved that he had done excessive work during his employment as a shipman before 19.11.2003 and that he had been paid a voyage premium. Plaintiff requested 100 TL of overwork and 100 TT expedition premium in the lawsuit petition. The case was opened on 09.09.2005. Upon the expert’s calculation of the labor receivables, the plaintiff corrected his case on 17.4.2009. Upon this, the defendant party has filed a statute of limitations defense. In addition, 126/3 of the abrogated Code of Obligations No. 818. article 147/1 of the Code of Obligations numbered 6098, which entered into force on 01.07.2012. according to the article, cases related to employee wages are subject to a 5-year statute of limitations. They will receive overtime and expedition premiums from these receivables are also among these receivables.
For this reason,
the part of the overtime and expedition premium requested by the reform that is outside 5 years from the date of correction and exceeds the amount requested in the lawsuit petition has expired. The 100 TL overwork and 100 TL expedition premium requested by the court in the lawsuit petition and which are not subject to the statute of limitations should be rejected, while the rejection should be rejected. 9. HD. 2011/35376 E. 2013/28177 K. 05.11.2013