Charging Of The Highest Interest On Deposits By Banks For Overwork And General Holiday

09 Jan Charging Of The Highest Interest On Deposits By Banks For Overwork And General Holiday

T.C. SUPREME
22.Legal Department

Mainly: 2014/19136
Decision: 2014/23067
Decision Date: 08.09.2014

EMPLOYEE RECEIVABLES CASE – IN WHICH THE PLAINTIFF DEFAULTS TO THE EMPLOYER IN TERMS OF THE AFOREMENTIONED RECEIVABLES – OPERATION OF THE HIGHEST INTEREST APPLIED TO DEPOSITS BY BANKS FROM THE DATE OF DEFAULT ON OVERWORK AND GENERAL HOLIDAY

Abstract: in a concrete case, the plaintiff requested payment of overwork and general holiday receivables with a warning to the employer before the date of the lawsuit and defaulted on the aforementioned receivables. Since the claim and reclamation petition also demands that interest be imposed from the date of default in terms of the receivables in question; the highest interest applied to deposits by banks from the date of default should be operated instead of overwork and general holiday. The court’s decision on the date of the trial and reclamation was erroneous and required to be overturned.

(4857 P. K. m. 34) (6100 P. K. m. 297)

Case: plaintiff-counter-defendant asked for severance pay, overwork and payment of national holiday and general holiday fees, while defendant-counter-plaintiff asked for notification compensation and collection of material fees.

The court granted the request in part.

During the sentence, the plaintiff-defendant’s lawyer appealed, and the judge of the examination for the case file F. After listening to the report organized by Yücesoy, the file was examined, the need was discussed and considered:

The Decision Of The Supreme Court

Summary Of Plaintiff Request:

The plaintiff – Counter-Defendant claimed that he had terminated the employment contract for the right reason and asked for severance pay and overwork and general vacation.

Summary Of Respondent Response:

The defendant – counter-plaintiff, arguing that the plaintiff’s employment contract was terminated on the basis of the justifiable reason of absence, and that the worker who quit the job without reason should pay notice compensation, wanted the case dismissed and the plaintiff to be sentenced to pay notice compensation and the cost of material that was not delivered.

Summary Of Court Decision:

Based on the collected evidence and expert report, the court decided to partially accept the original and counter-case.

Appeal:

The decision was appealed by the plaintiff – Counter-Defendant attorney.

Reason:

1. According to the articles in the file, the evidence collected and the legal reasons on which the decision was based, it was necessary to decide on the rejection of all appeals of the plaintiff – counter-defendant outside the scope of the following paragraphs.

2. 297/2 of the Code of Civil Procedure No. 6100. “(2) in the conclusion part of the provision, without repeating any words of justification, with the provision given on each of the claims, the debt and recognized rights charged to the parties must be shown in a way that does not arouse clear, doubt and hesitation under the sequence number.”the verdict is given.

It is understood that no positive or negative provision has been established by the court regarding the plaintiff’s severance request. Failure to establish a positive or negative provision about a portion of the plaintiff’s claim was erroneous and required to overturn it.

3. The plaintiff requested the worker’s overwork and general holiday pay, and the court decided to accept the request.

Overwork and general holiday pay are wages in a broad sense, 34 of the Labor Code 4857. according to the article, the highest interest applied to deposits by banks should be decided if they are not paid on the day.

If the employer defaults before the date of the lawsuit, interest must be executed from the date of the default, depending on the request. In addition, interest must be decided, limited to the amounts requested from the dates of litigation and reclamation/additional litigation.

In a concrete case, the plaintiff requested payment of overwork and general holiday receivables with a warning to the employer before the date of the lawsuit and defaulted on the aforementioned receivables. Since the claim and reclamation petition also demands that interest be imposed from the date of default in terms of the receivables in question; the highest interest applied to deposits by banks from the date of default should be operated instead of overwork and general holiday. The court’s decision on the date of the trial and reclamation was erroneous and required to be overturned.

Conclusion: it was unanimously decided on 08.09.2014 to overturn the Appeal decision due to the above written reason and to return the appeal fee received in advance to the interested party on request.