…….PURSUANT TO THE COURT’S RULING
…….
CLAIM:…….
ATTORNEYS: …….
DEFENDANT:…….
SUBJECT: Excess ……. Seniority Compensation ……. Reserving Our Right to Claim and File a Lawsuit, Regarding Our Request for Collection with the Highest Discount Interest Rate Since ……. and ……. Compensation Notice ……. with Legal Interest.
EXPLANATIONS:
1- Our client has been working as a secretary in the Production Department at the defendant’s workplace since … and, on 04.03.1998, pursuant to the decision of the Disciplinary Board dated 04.03.1998 and numbered 1998/2, X. Term Collective Labor Agreement and subparagraph 17/2 of Law No. 1475, on the grounds that she obtained an unfair advantage by receiving overtime pay and therefore caused damage to the company. … was terminated without compensation despite not having worked overtime. … was reported with notification no. …
2- Our client’s objection to the termination of his service contract was rejected by the Disciplinary Board’s decision dated 17.03.1998 and numbered 1998/3.
3- In its decision dated 04.03.1998 and numbered 1998/2, the Defendant Company, “Following two reviews conducted by the Production Department in 1997 and 1998, approved by the General Directorate on 27.02.1998 with approval no. 1004, and approved by the Production Department, some copies of the weekly overtime forms sent to the Personnel and Social Affairs Directorate had additional names and overtime hours written by a notary, resulting in unjust enrichment. Furthermore, our client received overtime pay for 19 days without coming to work, and his employment contract was terminated without compensation.”
4-
Our client was unaware of the events leading to the termination of his service contract. The overtime hours in question were unknown to our client. … … Our client worked overtime when requested at the workplace. The evaluator … … prepared a legal basis for the case by making it appear that many employees had worked overtime in order to cover up the actions of obtaining unfair advantage and causing harm to our client.
5- Following this incident, research conducted by our client revealed that although he worked overtime, he was also present on days when he did not work overtime. The number of hours worked is indicated on the overtime schedule… Written by: ……. This situation is beyond our client’s control. Our client has been known for his honesty and dedication to his work for 12 years. It is not possible for them to gain an unfair advantage by resorting to this method. As they are the only female employee working as a secretary at the workplace, they do not even have a colleague with whom they can compare or calculate their salary. Therefore, it is not possible for them to notice any underpayment or overpayment in their salary.
6-
Furthermore, our client has never worked overtime during the period in question. The overtime counter… ……. Since it was written using a random and primitive technique, it appears that overtime was not worked on days when it should have been worked, and that overtime was worked on days when it was not. Our client cannot be held responsible for this situation. The application of Article 17/2 of the Labor Law against our client is unlawful; situations that do not comply with the rules of morality and good faith are the actions of the scorekeeper… ……. It is not possible to hold our client responsible for the actions of others.
LEGAL GROUNDS:
Labor Law, Code of Civil Procedure, and Related Legislation
EVIDENCE:
RESULT OF THE CLAIM: For the reasons presented and without prejudice to our right to claim and file a lawsuit ex officio… Severance Pay… With the highest discount interest rate from the date of the Compensation Notice… We request that it be decided that the compensation be collected with legal interest from the date of the Compensation Notice, that the court costs be borne by the defendant, and that the other party’s attorney’s fees be determined on our behalf as attorneys in accordance with the last paragraph of Article 164 of the Attorney’s Act No. 1136, as amended by Law No. 4667.