14 May The Worker’s Marriage And Settling In Another Town
T.C. SUPREME
9. Legal Department
Principal No: 2007/14430
Decision No: 2008/8214
Date Of Decision: 11.04.2008
LABOR CLAIMS CASE – THE WORK OF THE CLAIMANT’S MARRIED WIFE
TO THIS CITY BY MARRIAGE BECAUSE IT IS IN ANOTHER PROVINCE
THE REASON FOR THE CHANGE IN THE PROVINCE – WHICH HE STATED WAS SETTLED-IS FROM MARRIAGE
SOURCE-ACCEPTANCE OF PLAINTIFF’S SEVERANCE REQUEST
Requirement
Summary: The plaintiff married his wife’s business in another province because of the marriage settled in this city
refers to. The reason for the provincial change in this case is due to marriage. When I get like this
the plaintiff’s request for severance must be accepted.
(1475 P. K. m. 14)
Lawsuit: the plaintiff requested that the severance payment be decided.
The Local Court dismissed the case.
Having been appealed by the plaintiff’s lawyer during the sentencing period, the examination for the case file
Hakimi Y. After listening to the report prepared by Tekbaş, the file was examined and the need was spoken about.
considered:
Verdict: the petition that the plaintiff woman married on 02.08.2003 and gave to the employer on 21.08.2003
it is not in dispute that he stated that he was leaving his job due to the provincial change.
The reason for termination of the claimant’s severance payment request by the court;
it was decided to reject it on the grounds that it was not shown.
14 Of The Labor Act No. 1475. article work within 1 year from the date of the woman’s marriage
under the rule that severance pay will be paid if he terminates his contract at his own request.
has been given. In the concrete case, the plaintiff married his wife because of the fact that his business is in another province, by marrying this
it means that he settled in the city. The reason for the provincial change is due to marriage. State
it has not been claimed that the amendment and dissolution were based on any other reason.
According to the ingrained case law of our department, the reason for termination can be explained in the petition and is true
the existence of the cause is determined by the court.
In this case, provision should be established in writing instead of acceptance of the claimant’s request for severance pay.
is incorrect.
Conclusion: if the decision of the appeal is overturned for the reason stated above, the fee for the appeal received in advance
upon request, it was decided unanimously on 11.04.2008.
No Comments