T.C THE DECISION OF THE SUPREME COURT
9.law office
Base: 2017/ 17885
Decision: 2019 / 1250
Date of Decision: 16.01.2019

Case: Examination of the decision made as a result of the lawsuit between the parties on appeal defendant T. Dec.C. … as requested by the deputy, it became clear that the appeals were pending. After hearing the report prepared by the Examining Judge for the case file, the file was examined, discussed and considered as necessary:

THE DECISION OF THE SUPREME COURT

A) Summary of the Plaintiff’s Request:

The acting plaintiff is the client’s T. From 15/03/2005.C. under the … …training and Research Hospital, as an assistant at the companies with the tender for cleaning of the cleaning staff, retired last in the company of your employer, working 5 days a week, working on national holidays, religious festivals are working every day except the first day of permissions used by claiming that a portion of the surplus on a demand and without prejudice to the right of the case, severance pay, overtime, permit fees will receive the collection of the receivables to decide on national holidays public holidays requested that the defendant be given.

B) Summary of the Respondent’s Response:

The defendant is … the Joint Venture attorney; his client is the company and the other defendant is T.C. … that a contract for the purchase of fixed-term services has been signed between them, that the employees receive orders and instructions from the administration, which is the main employer, that the plaintiff receives directly from T. Dec.C. …’s the case against the client by accepting workers due to the absence of a denial of the antagonism of the company should, within a 5 month period the plaintiff’s client working for the company in order to qualify for severance pay 1 year, that should have worked, whether the granting of permits, national holidays and on public holidays the absence of work, more work are free of animosity with the adoption of objection arguing about whether or not the first lawsuit in a denial of a grudge, hostility unfair and baseless lawsuits are not accepted when a denial of objection to be given the merits of the decision is requested.

Defendant T.C. … the attorney stated that it was unlawful for the hostility to be directed to the client administration in the case filed by the plaintiff, that the defendant administration was responsible for the cleaning, food, security of the hospital, etc. the fulfillment of the job, the winner of the tender tender with Real-through entities is provided, the subject of the tender after the tender is the job that holds the real-tender mutual legal persons about the making of the contract between the parties by making a commitment is determined by how the debts and obligations of the company, subject to the tender and the grounds when the selection of tools that are used in the selection of moving independently from the business owner and workers, the administration is not the employer of the business owner is that, not only the staff of the institution from the case of the plaintiff is the staff of the employer, the successful tenderer, arguing that the labor receivables are subject to a statute of limitations in 5 years, therefore, the claimant’s requested paid leave, national holidays, general holidays and overtime have expired, he requested that the dismissal of the lawsuit filed without a procedural and legal basis contrary to the law be decided.

C) Summary of the Decision of the Local Court and the Trial Process:

Based on the evidence collected by the court and the expert report, there is an actual-subordinate employer relationship between the defendant Ministry and the defendant company, the plaintiff’s latest work at the Educational and Research Hospital owned by the defendant Ministry was in the defendant company and lasted until dec1/07/2013, the latest gross is 1,021.50 TL. 120 of the Law No. 4857, for which he received a fee, requested an allocation on 31/07/2013. article 14 of the Law No. 1475, which is left in force by Article. as stated in the article entitled The plaintiff’s retirement severance pay, annual permits to determine that the granting of the consent form and fees paid by the defendant the burden of proof on the plaintiff’s permission for a total of 30 days used by seniority due to the balance it deserves for 70 days where remains have been identified from that period, from the statement of this witness for the prosecution; half of the wages paid national holidays and public holidays is not available and the document of working in the information that is frequently where the plaintiff’s partial adoption of this claim, 6 days a week from 07:00-16:00 daily 1 hour from Dec 8 hours 9 hours to rest when they are removed, that is available to work 48 hours per week, the job of the time when a minimum of 45 hours in the study period were offset of 3 hours per week overtime work where the case is located on the grounds it was decided to partial acceptance.

D) Appeal:

The decision was appealed by the deputy Minister of the defendant Ministry.

E) Justification:

1-According to the articles in the file, the evidence collected and the legal reasons on which the decision is based, defendant T.C. … appeals that fall outside the scope of the following paragraph are not in place.

2-The plaintiff explicitly requested overtime pay in the lawsuit petition, stating that the defendant works 5 days a week at his workplace. Acceptance by the court that the plaintiff works six days a week to exceed his claim is 25 of HMK No. 6100. it is contrary to the principle of adherence to the case specified in the article and required disruption.

F) THE RESULT:

It was decided unanimously on 16.01.2019 that the appealed decision should be OVERTURNED for the reason written above.