24 Jun Termination of Employment Relationship in Retirement
Supreme Court Of The Republic Of Turkey
22.Legal Department
Basis: 2015/6421
Decision: 2016/19279
Decision Date: 27.06.2016
CASE OF EMPLOYEE RECEIVABLES – TERMINATION OF EMPLOYMENT RELATIONSHIP AS A PENSIONER – WHETHER THE DEBTS OF THE SPECIAL PROVINCIAL ADMINISTRATION, WHOSE LEGAL ENTITY WAS REMOVED, WERE TRANSFERRED TO ANY INSTITUTION BEFORE THE TRANSFER – THE PROVISION WAS BROKEN
Summary: in the case in question, it will be necessary to determine who is responsible for the annual leave fee that the plaintiff claims, since the employee retires before the transfer and ends the working relationship. First, transfer, dissolution, and share of the commission’s decision to the transfer of debts brought entity of the special provincial administration removed prior determination of the existence of any institution transferred to the transfer and after the transfer if you have that title will belong to inherit the debt of the defendant of liability for the institution, not a decision about the transfer of Debt, Debt aforementioned assets and receivables of the special provincial administration would need to be kept responsible for the transferee, if an institution or organization with a driver’s license cannot be identified in the case that will be held responsible for the debt through all these investigations, the debt must be a debt arising from the work of the Special Provincial Administration, which is the local administrative unit, and the obligation to create a commission that must perform transfer, liquidation and allocation operations is also assigned to the property administration, the case must be concluded by managing the Ministry of Interior.
(4857 P. K. m. 41, 46, 47) (6360 P. K. m. 1, 3, late. m. 1)
Case: plaintiff, national holiday and general Holiday, Night Shift and overtime pay will be ordered to be paid.
The court granted the request in part.
After hearing the report issued by the examination Judge for the case file, the file was examined, the need was discussed and considered.:
Decision: the plaintiff asked the defendant to collect, stating that the defendant worked in the workplace, that the national holiday and general holiday, week holiday, night shift, overtime and annual leave receivables were not paid.
The defendant has defended the dismissal of the case.
The court decided to accept the case in accordance with the collected evidence and expert report.
The defendant’s attorney appealed the decision.
As the case continued, the special administration of Manisa province shown by the defendant was abolished by law, there was a dispute over the determination of the title of the defendant party.
1 of the Law No. 6360 on the establishment of a Metropolitan Municipality and twenty-six districts in thirteen provinces and amendments to some laws and legislative decrees. Article 1. a metropolitan municipality was established in some provinces with an paragraph, 5. in paragraph 36, the special provincial administrations in these counted provinces were abolished. in its article, it is stated that these provisions of the law will enter into force in the first election of local administrations. After the adoption of the aforementioned law, the legal entity of the Erzurum provincial Special Administration ended while the case continued.
3 of Law No. 6360. Article 2. references; Special Provincial Administration under this Act removed legal personality and a reference to legislation of interest to the special provincial administrations as ministries, provincial organization and affiliated with these entities or its related ministries, Treasury, governors, Metropolitan Municipality and the county council, is made to its affiliates or in the case where the legal personality of Special Provincial Administration Law No. 5302 dated 22.02.2005 removed by special provincial administrations and other legislation that are granted powers, duties and responsibilities will be of interest as these will be executed and used by organizations and institutions, special provincial administrations in question in the courts of the special provincial administration with a lawsuit filed in relation to the operations of the period in which they operate and as acceptor, the relevant institution has clearly held that the transfer is made. In this case, it is indisputable that the cases against the abolished provincial Special administrations will be directed to the institution and organization to which they were transferred according to the relevant person. In cases filed against the special provincial administration in concrete disputes, it is necessary to determine who the defendant’s adjective will be directed to by determining which institutions and organizations the issues related to the activities and transactions that constitute the subject of the case are transferred to and whether the legal entity of the transferee is also present.
Provisional 1 of the law No. 6360 regulating the transfer, liquidation and allocation of special provincial administrations whose legal entity has ended. Article 1. paragraph; transfer, dissolution, and procedures to carry out the allocation by the governor, a lieutenant governor under the chairmanship of the governor sees fit and the respective representatives of agencies and organizations with the participation of Mayors, transfer, dissolution, and share to set up the commission to the governor to assist the commission and appoint sub-committees may be established, 4. special provincial administrations whose legal entities were abolished by this law in the paragraph; 5.the sale, allocation and lease of the real estate of these administrations, the conclusion of Labor and collective labor agreements, all kinds of zoning practices (except construction licenses), the sale of construction machinery and other vehicles and their borrowing are subject to the approval of the Ministry of Interior. special provincial administrations in paragraph legal entities removed any of movable and immovable property, rights, receivables and payables, the decision of the commission ministries, ministries and related entities, or its affiliated them with the provincial governorates, investment monitoring and coordination Directorate of the municipality of Metropolitan Municipality and its affiliates or to be turned over to the county will be given for the transfer operation, real estate transferred to the Treasury of Finance, which will be implemented on the date of the general election of the first local administrations, will be considered allocated to the institutions that are using it as of the date of publication of the law, from real estate owned by the Treasury or under the provisions and savings of the state by the Ministry of Finance, 1 of this law. those allocated to provincial Special administrations, municipalities and village legal entities whose legal entities were abolished by the article; for the purpose of performing the duties of a public nature assigned to them by the establishment laws and by the decision of the commission; according to its interest, it is arranged that it will be considered allocated to ministries, affiliated or related organizations of ministries, investment monitoring and coordination presidencies, metropolitan municipalities, subsidiaries of metropolitan municipalities and district municipalities.
In accordance with these rules, there is no regulation in the mentioned law on whom the adjective party belongs in cases filed for the collection of Labor receivables born before the transfer and which cannot be transferred to an institution and organization. In the case of the case, it will be necessary to determine who is responsible for the annual leave fee that the plaintiff claims, since the employee retires before the transfer and ends the working relationship. First, transfer, dissolution, and share of the commission’s decision to the transfer of debts brought entity of the special provincial administration removed prior determination of the existence of any institution transferred to the transfer and after the transfer if you have that title will belong to inherit the debt of the defendant of liability for the institution, not a decision about the transfer of Debt, Debt aforementioned assets and receivables of the special provincial administration would need to be kept responsible for the transferee, if an institution or organization with a driver’s license cannot be identified in the case that will be held responsible for the debt through all these investigations, the debt must be a debt arising from the work of the Special Provincial Administration, which is the local administrative unit, and the obligation to create a commission that must perform transfer, liquidation and allocation operations is also assigned to the property administration, the case must be concluded by managing the Ministry of Interior.
Conclusion: a unanimous decision was made on 27.06.2016 to overturn the Appeal decision for the reason written above, to return the appeal fee received in advance to the relevant person on request. (¤¤)
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