15 Nov TERMINATION OF THE EMPLOYMENT RELATIONSHIP AS A PENSIONER – WHETHER THE PRE-TRANSFER DEBTS OF THE PROVINCIAL SPECIAL ADMINISTRATION, WHOSE LEGAL ENTITY HAS BEEN ABOLISHED, HAVE BEEN TRANSFERRED TO ANY INSTITUTION
T.C. SUPREME COURT DECISION
22.law office
Base: 2015/6421
Decision: 2016/19279
Date of Decision: 27.06.2016
CASE OF EMPLOYEE RECEIVABLES – TERMINATION OF EMPLOYMENT RELATIONSHIP AS A PENSIONER – WHETHER THE PRE–TRANSFER DEBTS OF THE PROVINCIAL SPECIAL ADMINISTRATION, WHICH HAS BEEN ABOLISHED AS A LEGAL ENTITY, HAVE BEEN TRANSFERRED TO ANY INSTITUTION – THE PROVISION HAS BEEN OVERTURNED
SUMMARY: In the event of a lawsuit, it will be necessary to determine who is responsible for the annual leave fee requested by the plaintiff since the employee retired before the transfer and ended the employment 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 determined in the case that will be held responsible for the debt with all these investigations, the debt must be a debt arising from work in the provincial special administration, which is a local government unit, and the obligation to create a commission that must perform transfer, liquidation and distribution operations must also be taken into account that the property administration has been given, the case must be concluded by managing the Ministry of Internal Affairs.
(4857 P. K. m. 41, 46, 47) (6360 Pp. K. m. 1, 3, Late. m. 1)
Lawsuit: The plaintiff requested that the national holiday and general holiday, night shift and overtime pay be decided.
The court partially ruled on the request.
Having been appealed by the defendant’s lawyer during the sentencing period, after hearing the report prepared by the Examining Judge for the case file, the file was examined, discussed and considered as necessary:
Verdict: The plaintiff asked the defendant for his collection, stating that the defendant worked at his workplace, that he was not paid for national holidays and general holidays, week holidays, night shifts, overtime and annual leave.
The defendant has defended the dismissal of the case.
The court decided to accept the case in accordance with the collected evidence and the expert report.
The decision was appealed by the defendant’s deputy.
As the Manisa Provincial Special Administration, which was shown to be the defendant, was abolished by law while the case was ongoing, a dispute arose regarding the determination of the title of the defendant party.
article 1 of the Law No. 6360 on the Establishment of a Metropolitan Municipality and Twenty-Six Districts in Thirteen Provinces And on Amending Some Laws and Legislative Decrees. article 1. 5. The establishment of a metropolitan municipality in some provinces with paragraph the special provincial administrations in the provinces mentioned in paragraph 36 have been abolished and are entitled to enter into force. in its article, it is also stated that these provisions of the Law will come into force at the first local government elections. With the entry into force of the aforementioned Law with the election of the first local administrations after the date of adoption, the legal personality of the Erzurum Provincial Special Administration was terminated while the case was ongoing.
3 of Law No. 6360. article 2. with the paragraph; 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 lawsuits about the abolished provincial special administrations will be directed to the institution and organization to which they were transferred according to the relevant one. Concrete primarily in litigation in disputes filed against the special provincial administration activities and processes that constitute the subject of the institutions and organizations which are associated with the presence of the defendant is determined and transferred to the legal entity and the transferee of title to be directed to whom it will increase.
Provisional Article 1 of the Law No. 6360 regulating the transfer, liquidation and apportionment of provincial special administrations that have ceased to be legal entities. 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. provincial special administrations whose legal entities have been abolished by this law in the paragraph; personnel, with any movable and immovable property rights, receivables and debts of this act within one month from the date of promulgation of this administration will report to the Office of the governor of real estate sale, assignment and leasing, business and collective labour agreements, any zoning application (except for building permits), construction machinery and other vehicles with the sale of borrowing is attached to the approval of the Ministry of Interior 5. 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, immovable property transferred to the Treasury of Finance, which will be implemented on the date of the first general election of local administrations, will be considered to have been allocated to institutions using it as of the date of publication of the Law, real estate owned by the Treasury or under the provision and protection 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 have been abolished by the article; for the purpose of fulfilling the public duties assigned to them by the laws of the organization and by the decision of the commission; it has been arranged that it will be allocated to ministries, affiliated or related organizations of ministries, investment monitoring and coordination departments, metropolitan municipalities, subsidiaries of metropolitan municipalities and district municipalities according to its interest.
In accordance with these regulations, there is no regulation in the aforementioned law on who owns the title of a party in cases filed for the collection of labor receivables that were born before the transfer and cannot be transferred to an institution and organization. In the event of a lawsuit, it will be necessary to determine who is responsible for the annual leave fee requested by the plaintiff since the employee retired before the transfer and ended the employment 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 determined in the case that will be held responsible for the debt with all these investigations, the debt must be a debt arising from work in the provincial special administration, which is a local government unit, and the obligation to create a commission that must perform transfer, liquidation and distribution operations must also be taken into account that the property administration has been given, the case must be concluded by managing the Ministry of Internal Affairs.
Conclusion: It was decided unanimously on 27.06.2016 that the appealed decision should be OVERTURNED for the reason written above, and that the appeal fee received in advance should be returned to the relevant person upon request. (¤¤)
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