Decisions of the Supreme Court
According to the expert report submitted to the court, the plaintiff is entitled to overtime, bonuses, children, family, education, road, etc. he corrected his case in terms of what they would receive, and stated that they would receive firewood assistance. The defendant employer has determined the statute of limitations in the written objection petition he has filed against the reclamation request. Article 126/3 of the Code of Obligations. according to the article, cases related to the employee’s wages are subject to a 5-year statute of limitations.
Overtime, bonuses, children, family, education, road, etc. they will also receive firewood assistance among the receivables they will receive. Dec. Therefore, the 5-year portion remaining from the date of reclamation has expired because they will receive overtime work, bonuses, children, family, education, road and firewood assistance requested by the reclamation request. 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. 2009/26776 E. K. 2009/36953 24.12.2009
…The plaintiff proved that he worked as a boatman before 19.11.2003 and was overworked and paid expedition premium. Plaintiff has requested more than 100 TL of work and 100 TT time premium in the lawsuit petition. The case was opened on 09.09.2005. Upon the calculation of labor receivables by the expert, the plaintiff corrected his case on 17.4.2009.
In addition, the defendant party has defended the statute of limitations. in accordance with Law No. 126/3 of the Abrogated Code of Obligations No. 818, which entered into force on 01.07.2012, and Article 147/1 of the Code of Obligations No. 147/1, cases related to employee wages are subject to a 5-year statute of limitations.
One of these types of receivables is that they will receive overtime and expedition premiums. For this reason, the part of the overtime and expedition premium requested in the lawsuit that falls outside the 5-year period from the date of the lawsuit and exceeds the amount requested in the lawsuit petition has expired. Although it should be ruled that they will receive a travel premium of 100 TL with an amount that is more than 100 TL requested by the court in the lawsuit petition and is not subject to the statute of limitations, the refusal is erroneous. 9. HD. 2011/35376 E. 2013/28177 K. 05.11.2013