26 Jul The Place Where The Claimant’s Business is Located is Within The Jurisdiction of The Employment Courts
Supreme Court Of The Republic Of Turkey
20.Legal Department
Basis: 2016/5753
Decision: 2016/7425
Decision Date: 22.06.2016
LABOR CLAIMS CASE-WHERE THE PLAINTIFF DOES HIS OR HER WORK REMAINS IN THE JURISDICTION OF THE LABOR COURTS-WHERE THE PLAINTIFF DOES HIS OR HER WORK, USING HIS OR HER RIGHT OF CHOICE, WHERE THE PLAINTIFF DOES HIS OR HER WORK
Summary: in a concrete dispute, the address where the plaintiff does his job is”…/…”, and this address is also……….. Employment courts remain in the jurisdiction, where the plaintiff does his or her work, which is authorized by using his or her right to choose, so the dispute ……….. It must be seen and concluded in the Employment Tribunal.
(5521 P. K. m. 5)
Case and Decider: Istanbul 4 in the case of Labor receivables between the parties. Business and Bakırköy 6. All documents in the file sent to determine the place of jurisdiction were examined and considered necessary due to the fact that the employment courts decided separately.
The lawsuit relates to a claim for severance pay, annual leave, overtime and general holiday pay.
Istanbul 4. Employment Court, 5 of the employment Courts Act No. 5521. according to the article, the case should be opened in the court of the defendant’s residence or place of business, the authority in the business trial must be of Public Order and must be taken into account.
Bakırköy 6. The Labour Court, on the other hand, is that the authority in the Labour trial is of Public Order and must be taken into account if you are, 5 of law 5521. according to the article, the case must be opened in the court of the defendant’s residence or place of work, in a concrete dispute, the place of work is in the Istanbul jurisdiction, and the company’s headquarters is in the … jurisdiction, although the case was opened in the court of the place of work, the file was sent by a decision of lack of authority, the address of the place where the plaintiff conducts his work is“…/…”, this address remains in the jurisdiction of the court of …
5 of the Labour Courts Act No. 5521. in the article, employment courts are designated as authorized in terms of place in labor disputes. Accordingly, ” each case to be filed in labor courts can be considered in the place Court, which is considered the residence of the person who was sued at the time of its opening in accordance with the Turkish Civil Code, as well as in the competent court for the workplace in which the employee performs his work. A contract against them is not considered valid.”the provision is located at.
In employment courts, the authority rule complies with the authority rules of the law on Civil Procedure, and in addition, the place where the work is October, in other words, the place where the workplace is located, also authorizes the courts.
A case filed in an employment court must be filed in an employment court or a civil court of First Instance tasked with handling labor cases where the defendant’s residence was located on the date of the case or where the worker performed his work.
The authority rule contained in the aforementioned article regulating the authority of the Labour Court is related to public order and is of a definite nature. According to this provision, the plaintiff can open the case in the court of the place of work or in the court of the defendant’s residence.
In a concrete dispute, the address of the place where the plaintiff does his job is“…/…”, this address also remains in the jurisdiction of the Istanbul labor courts, the plaintiff sues in the court where he does his job, which is authorized by using his right to choose, so the dispute is Istanbul 4. It must be seen and concluded in the Employment Tribunal.
Conclusion: for the reasons described above, 21 and 22 of Law of Civil Procedure 6100. according to the Articles, 4 in Istanbul. A unanimous decision was made on 22.06.2016 to determine the place of jurisdiction of the Employment Tribunal.
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