EN SUPREME COURT
Law Office
Originally: 2015/6421
The Verdict: 2016/19279
Decision Date: 27.06.2016
TRANSACTION ABOUT EMPLOYEE RECEIVABLES – TERMINATION OF EMPLOYMENT RELATIONS WITH RETIREMENT – TRANSFER OF PRE-TRANSFER DEBTS BELONGING TO THE PROVINCIAL ADMINISTRATION THAT HAS CEASED TO BE A LEGAL ENTITY TO ANY INSTITUTION – THE PROVISION HAS DEFINITELY BEEN OVERTURNED
SUMMARY: In the case subject to the lawsuit, it will be necessary to determine who owns the requested annual leave fee due to the fact that the plaintiff employee retired and terminated the employment relationship before the transfer. Firstly, it has been determined whether the debts of the provincial special administration, whose legal personality was abolished by the transfer, liquidation and distribution commission decision, were transferred to any institution before the transfer, and if the transfer was made, the responsibility will belong to this institution or organization that inherited the debt, and there is no decision on the transfer of debts.
On the other hand, if the person who inherited the assets and receivables of the special provincial administration in question should be held responsible for the debts, if it cannot be determined that an institution or organization qualified to be a party to the case cannot be held responsible for all these investigations, the case should be referred to the Ministry of Internal Affairs, considering that the debt is a debt arising from the work of the special provincial administration, which is a local administrative unit, and the obligation to establish a commission that should carry out transfer, liquidation and distribution operations is also given to the head of the civil administration, the case should be concluded by referring it to the Ministry of Internal Affairs.
(4857 SQ m. 41, 46, 47) (6360 SK m. 1, 3, late. m. 1)
Lawsuit: The plaintiff has requested payment of night work and overtime pay on national holidays and public holidays.
The court partially accepted the request.
Although the defendant’s lawyer filed an appeal during the conviction decision, upon hearing the report issued by the Investigating Judge on the case file, the file was reviewed and the need was discussed and the decision was made:
Decision: The plaintiff requested collection from the defendant stating that the defendant works at work, that the national holidays and public holidays, week holidays, night shifts, overtime and annual leave are not paid.
The defendant argued for the dismissal of the case.
court decided to accept the case in accordance with the collected evidence and the expert report.
The decision has been appealed against the defendant’s attorney.
Due to the elimination by law of the Manisa Provincial Special Administration, which was shown as the defendant while the case was ongoing, a dispute arose regarding the determination of the title of the defendant party.
Law No. 6360 on the Establishment of Metropolitan Municipalities and Twenty-Six Districts in Thirteen Provinces and Amendments to Some Laws and Decrees with the Force of Law, 1. article 1. metropolitan municipalities were established in some provinces with the paragraph, 5. in the paragraph, the special provincial administrations in these provinces have been abolished. titled 36. it is stated in the article that these provisions of the Law will enter into force at the first local administrations elections. With the entry into force of the said Law with the elections of the first local administrations after the date of adoption, the legal personality of the Erzurum Provincial Special Administration has been terminated while the case is ongoing.
3 of the Law No. 6360. with the second paragraph of the article; references made to special provincial administrations in the legislation shall be deemed to have been made to ministries, affiliated or related organizations of ministries and provincial organizations, treasury, governorates, metropolitan municipalities and their affiliated organizations or district municipalities according to their interest for special provincial administrations whose legal personality has been abolished within the scope of this La3 of the Law No. 6360.
with the second paragraph of the article; references made to special provincial administrations in the legislation shall be deemed to have been made to ministries, affiliated or related organizations of ministries and provincial organizations, treasury, governorates, metropolitan municipalities and their affiliated organizations or district municipalities according to their interest for special provincial administrations whose legal personality has been abolished within the scope of this Law. the powers, duties and responsibilities granted to the provincial special administrations by the Prothe powers, duties and responsibilities granted to the provincial special administrations by the Provincial Special Administration Law No. 5302 dated 22.02.2005 and other legislation are used and fulfilled by these institutions and organizations, and the duration of the activities of these provincial special administrations as a provincial special administration is taken into account with the ongoing cases in the courts.
It is clearly regulated that the addressee in the lawsuits to be filed regarding transactions and transactions is the relevant institution and organization where the transfer transaction was made. In this case, it is indisputable that the lawsuits to be filed against the abolished provincial special administrations will be directed to the institution and organization to which they were transferred according to the relevant one. cases filed against the special provincial administration in concrete disputes, it is necessary to determine which institutions and organizations have been transferred to the issues related to the activities and transactions that constitute the subject of the case, whether the legal entity of the transferee exists, and to whom the title of defendant will be directed.
In paragraph 1 of Provisional article 1 of Law No. 6360 regulating the transfer, liquidation and distribution operations of special provincial administrations whose legal personality has been abolished, sub-commissions may be established with the relevant mayors appointed by the governor, chaired by a deputy governor with the participation of representatives of institutions and organizations deemed appropriate by the governor, to carry out transfer, liquidation and distribution operations, 4. The special provincial administrations whose legal personality included in this paragraph has been abolished; personnel, all kinds of movable and immovable property, as well as their rights, receivables and debts shall be liquidated in accordance with the provisions of this Law.
The sale, allocation and leasing of immovable property belonging to these administrations, the conclusion of labor and collective bargaining agreements, all kinds of zoning applications (except building permits), the sale and borrowing of construction machinery and other vehicles are subject to the permission of the Ministry of Interior. According to the paragraph; the institution or district municipality will be held on the date of the first general election of local administrations to be held, and those allocated by the Ministry ofThe sale, allocation and leasing of immovable property belonging to these administrations, the conclusion of labor and collective bargaining agreements, all kinds of zoning applications (except building permits), the sale and borrowing of construction machinery and other vehicles are subject to the permission of the Ministry of Interior.
According to the paragraph; the institution or district municipality will be held on the date of the first general election of local administrations to be held, and those allocated by the Ministry of Finance to special provincial administrations, municipalities and village legal entities whose legal personality has been abolished in accordance with Article 1 of this Law; it has been arranged that they will be considered allocated to the ministries, affiliated or related organizations, deputy head of investment monitoring and coordination, metropolitan municipalities, affiliated organizations of metropolitan municipalities and district municipalities according to their interest to fulfill the public duties assigned to them by the establishment laws and by the decision of the commission.
Within the scope of these regulations, there is no regWithin the scope of these regulations, there is no regulation in the said law regarding who is the party in the lawsuits filed for the collection of employee receivables that were born before the transfer and could not be transferred to an institution or organization. In case of a lawsuit, it will be necessary to determine who owns the requested annual leave fee due to the fact that the plaintiff employee retired and terminated the employment relationship before the transfer.
Firstly, it has been determined whether the debts of the provincial special administration, whose legal personality was abolished by the liquidation and distribution commission decision after the transfer, were transferred to any institution before the transfer, and if the transfer was made, the responsibility will belong to this institution or organization that inherited the debt, and there is no decision on the transfer of debts.
On the other hand, if the person who inherited the assets and receivables of the special provincial administration in question should be held responsible for the debts, if it cannot be determined that an institution or organization qualified to be a party to the case cannot be held responsible for all these investigations, the case should beOn the other hand, if the person who inherited the assets and receivables of the special provincial administration in question should be held responsible for the debts, if it cannot be determined that an institution or organization q