The receivables of the workers are regulated in our Labor Law No. 4857 and the wages, compensation etc. which are the equivalent of the work and labor of the worker. in the form of monetary values.

The issue of labor rights and receivables arises when workers leave or are removed from their work places. Most of the time, the employer and the employee fall into disagreement and the labor rights and receivables are brought to court through litigation.

Receivables ruled in favor of workers in labor lawsuits are often subject to gross provision and it is decided to take into account the deductions during the execution phase. In the enforcement proceedings, first of all, it should be checked whether the court has ruled gross receivables. If the workers' receivables are subject to gross provision, the necessary deductions should be made and the receivables should be converted to net and followed up on these amounts.

The fact that the receivables of workers are put into gross executive proceedings without being translated into net is in contradiction with the declaration and subject to the complaint. This complaint is related to the public order as it is in the nature of separation in the prosecution proceedings and can be prosecuted by the enforcement court indefinitely.

The Supreme Court Decision on the subject is as follows;

8. THE LAW OF THE LAW. 2015/17339. 2015 / 20274T. 11/12/2015

“SUMMARY: The case; the cancellation of the follow-up request. In the enforcement proceedings, the complaint that the receivables are requested on a gross basis and that no legal deductions are made are in contradiction with the declaration and such complaints may be brought before the Executive Court indefinitely since they are related to public order. In this case, the Court should make an expert examination if necessary and make a decision according to the result, while the rejection of the complaint is not correct.

CASE: Upon the request of the appellant by the plaintiff within the period of the court decision written with the date and number mentioned above, the file was sent to the Chamber from the scene of the case.

DECISION: In accordance with the decision filed by Kırşehir 1st Civil Court of First Instance dated 20.01.2015 and numbered 2013/216 and numbered 2015/49, the attorney of the debtor, in the enforcement proceedings initiated against the client with the file no. 2015/1229 of the Kırşehir Executive Directorate. demanded the decision of the cancellation of the proceedings stating that the receivables were requested grossly and no legal deductions were made.

As the court has passed the 7-day complaint period since the notification of the execution order, the decision was rejected in respect of time and the decision was appealed by the debtor's attorney.

In the enforcement proceedings, the complaint that the receivables are requested on a gross basis and that no legal deductions are made are in contradiction with the declaration and such complaints may be brought before the Executive Court indefinitely since they are related to public order. (Decision of 2000 / 12-1002 dated 21.06.2000 of the HGK)

In this case, the Court should make an expert examination if necessary and make a decision according to the result, while the rejection of the complaint is not correct.

CONCLUSION: With the approval of the objections of the debtor's attorney and the decision of the Court for the reasons written above, ICC 366 and 6100 with the provisional article 3 of the HMK, 1086, according to Article 428 of the HUMK. (HMK m.297 / d) and 366/3 of the ICC. It is unanimously decided that the decision of the Supreme Court of Appeals may be requested to correct the decision within 10 days after the notification of the decision of the Supreme Court and the return of the TL 27,70 TL in advance to the plaintiff upon request. ”