18 Apr Putting Employee Receivables In Gross Enforcement Proceedings
Employee receivables are regulated in our Labor Law No. 4857 and the wage, compensation, etc.which is the equivalent of the worker’s work and labor. are monetary values in the form of.
The problem of labour rights and receivables arises when workers leave or are expelled from their workplaces. Most of the time, the employer and the worker are at odds over this issue and labor rights and receivables are brought to justice through litigation.
Receivables ruled in favor of workers in labor cases are often ruled in gross terms and deductions are decided to be considered at execution stage. In the follow-up of the execution, it should first be looked at whether the court has ruled that the claims are gross. If the workers ‘ receivables are subject to gross provision, the receivables should be converted to net by making the necessary deductions and monitored over these amounts.
Placing workers ‘ receivables in gross execution proceedings without being translated into net is contrary to the declaration and is the subject of complaint. The complaint in question is related to public order because it is a separation of the declaration in the execution proceedings and can be sued indefinitely in the execution court through the complaint.
The Supreme Court ruling on the matter is as follows:;
T.C.Supreme Court 8. Law Department. 2015 / 17339K. 2015/220274t. 12.11.2015
“Summary: the case is related to the cancellation request. The complaint that the receivables are gross and the legal deductions have not been made is contrary to the complaint and such complaints may be brought before the execution Court indefinitely due to the fact that they are related to public order. In this case, a decision should be made according to the result that will be made by an expert examination when necessary by the court, while the dismissal of the complaint from time to time is not correct.
Case: within the period of the court decision with the date and number written above, the appellant examination was sent to the office from the file site upon request by the plaintiff and after listening to the report prepared by the examination Judge for the case file and reading and reviewing all the documents in the file, it was discussed and considered:
Decision: debtor’s deputy, by the creditor Kırşehir 1. In the execution proceedings initiated against his client with the follow-up File No.2015/1229 of Kırşehir execution directorate based on the decree no. 2013/216 basis, 2015/49 of First Instance Court dated 20.01.2015, he requested the cancellation of the follow-up by stating that the receivables items were requested as gross and legal deductions were not made.
Since the court has passed a 7-day complaint period after the notification of the executive order, the decision to dismiss the complaint in terms of the duration has been appealed by the debtor’s attorney.
The complaint that the receivables are gross and the legal deductions have not been made is contrary to the complaint and such complaints may be brought before the execution Court indefinitely due to the fact that they are related to public order. (Hgk’s decision no. 21.06.2000, 2000/12-1002 )
In this case, a decision should be made according to the result that will be made by an expert examination when necessary by the court, while the dismissal of the complaint from time to time is not correct.
Conclusion: provisional 3 of HMK No. 366 and 6100 of iik for reasons written above, with the acceptance of the appeal appeals of the debtor’s deputy and the court decision. article 428 of Humk No. 1086 by dispatch. in accordance with articles 388/4 of Humk by the parties to the breakdown. (HMK m.297 / O ) and 366/3 of the iik. in accordance with the articles, it was decided unanimously on 12.11.2015 that a request for a correction of the decision can be made within 10 days of the notification of the court of Cassation office and that a cash fee of 27.70 TL can be returned to the plaintiff in case of request.”
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