…….PURSUANT TO THE COURT’S RULING
…….
CLAIM:…….
ATTORNEY: …….
DEFENDANT:…….
SUBJECT: Request for union compensation (Total: …….) to be collected with legal interest from the date of termination of the employment contract, without prejudice to our rights to additional ……. compensation.
EXPLANATIONS:
1-The client ……. with insurance registration number ……. has worked at the defendant’s workplace since the date of termination of the employment contract.
2- The client’s employment contract was terminated for union-related reasons. On ../../…., the client joined the …….. union along with 61 colleagues working at the workplace on the same date. The client was informed that the employment contract was terminated without seniority and compensation.
3- The termination aims to eliminate the constitutional right to unionize.
a) The employment contracts of 23 workers were terminated on the same day as the customer’s.
b) The 23 workers whose employment contracts were terminated are union members.
c) The defendant employer bases its justification for the termination on an incident it claims occurred 40 days prior.
4-These are clear evidence that the termination actually aimed to eliminate unionization.
Furthermore,
d) We have witnesses who state that they were pressured to resign from the union.
e) As a result of the pressure exerted by the defendant employer, 13 employees resigned from the union.
f) Şahin Saygın, whose employment contract was terminated for the same reason, has a report regarding the termination date of his employment contract.
g) The defendant employer filed a lawsuit for the cancellation of the union’s authorization decision.
5-As can be understood from all of the above, the defendant employer attempted to eliminate the right to free unionization, which is guaranteed by Article 51 of the Constitution and Article 31 of the Trade Unions Law No. 2821.
6- It has become necessary to file this lawsuit to collect severance pay, notice pay, unused annual paid leave entitlements, and union compensation due to the unjust termination of the client’s employment contract because of their union membership.
LEGAL GROUNDS:
LABOR LAW, TSGLK, and other relevant legislation.
EVIDENCE: Membership registration document, authorization letter, employment contract termination notice, Supreme Court decisions, union resignation letters, report, lawsuit for the annulment of the authorization decision, witness statements, and other legal evidence.
RESPONSE PERIOD: 10 days
RESULT OF THE CLAIM: As explained above, subject to our rights regarding the compensation for the employment contract resulting from unfair termination for union reasons… Notice Compensation and… We request the collection of Union Compensation, together with legal interest from the date of termination of the employment contract, the imposition of Court Costs on the defendant, and, pursuant to the last paragraph of Article 164 of Law No. 1136, as amended by Law No. 4667, the payment of the opposing party’s attorney’s fees on our behalf.