T.C.
\nTHE DECISION OF THE SUPREME COURT<\/p>\n
law office
\nBase. 2016\/33150
\nDecision 2017\/21641
\nDate 18.12.2017<\/p>\n
THE CONDITION FOR PAYING COMPENSATIONS USING THE SOCIAL AND ECONOMIC SUPERIORITY OF THE EMPLOYER
\nREQUESTING THE EMPLOYEE TO SUBMIT A WRITTEN RESIGNATION PETITION WITH SIMILAR PRESSURES (The EMPLOYEE is ENTITLED to
\nIf He Complies, There Can be No Mention of a Real Will to Resign \/ In This Case, the Termination will be Terminated by the Employer
\nIt Will Be Accepted That It Has Been Carried Out, But This Will Be Proved by the Worker of the Corruption of the Will
\nNeeded )<\/p>\n
RETURN TO WORK WITH THE INVALIDITY OF THE TERMINATION (Without Relying on the Justified Reason of the Employee and Prior Notification
\nThe Need to Consider the Termination of the Employment Contract Without Recognition as a Resignation \/ Is the Most Common in Practice
\nA Request to Leave, Provided that the Employee’s Rights to Notice and Severance Pay Are Paid, Which is the Form Encountered, Resigns
\nAs Well As the Need to Be Evaluated in the Form of Icap in the Direction of Entering Into a Substitution Agreement, Even If It is Not)<\/p>\n
TERMINATION OF THE EMPLOYMENT CONTRACT BY THE EMPLOYEE WITHOUT A JUSTIFIED REASON AND WITHOUT PRIOR NOTIFICATION (It Is Understood that the Plaintiff, Who Is a Workplace Doctor, Terminated the Employment Contract with His Own Hand on a Petition, And This Document Cannot Prove With Concrete Evidence That It Was Taken From Him by Wounding His Will \/ The Case Will Be Dismissed Because the Employee Who Terminated the Employment Contract Himself Cannot Claim the Invalidity of the Termination)
\n4857\/m.20\/3<\/p>\n
SUMMARY : The plaintiff requested that the decision be made on the invalidity of the termination, the return to work and the legal consequences. Termination of the employee’s employment contract without relying on a justifiable reason and without recognizing the notice period should be considered a resignation. A request to leave, which is the most common form in practice, provided that the employee’s rights to notice and severance pay are paid, should be considered not as a resignation, but in the form of an icap in the direction of entering into a substitution (termination agreement), even if it is. If the employer, using his social and economic superiority, demands the employee to submit a written resignation petition with the condition of paying compensation, similar pressures, and the employee complies with this, there can be no real mention of a will to resign. In this case, it must be accepted that the termination was carried out by the employer. However, this situation must be proven by the worker of the corruption of will.According to the contents of the file, it is understood that the plaintiff, who is a workplace physician, terminated the employment contract with his own hand on a petition, and it is understood that he cannot prove with concrete evidence that this document was taken from him by his will to be disabled. The employee who terminates the employment contract himself cannot claim the invalidity of the termination. Acceptance of the case instead of refusal is erroneous.
\nCASE : The plaintiff requested that the decision be made on the invalidity of the termination, the return to work and the legal consequences. The local court has decided to accept the case.
\nAlthough the verdict was appealed by the defendant’s lawyer during the trial period; As a matter of nature, it was decided to refuse the request for a hearing, to conduct the examination on the documents, but after listening to the report prepared by the Examining Judge for the case file, the file was examined, and the need was discussed and considered:
\nDECISION : Deputy plaintiff; the defendant is in front of the employer 05\/01\/2015 \u2013 31\/12\/2015 dates between occupational physicians working as plaintiff himself was forced to resign as it was received many complaints about unfounded accusations, otherwise labor contract will be terminated on the same day will receive no compensation to be paid and workmanship and will be forced to leave if specified, broken pride, in the face of this situation, reputation was undermined and accompanied by security as of the same day, faced with the threat of being kicked in the door, you had presented to him to sign the minutes of the plaintiff, that has no reason to quit, claiming that he was forced to resign by pressure and threat, he asked to decide on the invalidity of the termination and the return of the plaintiff to work.<\/p>\n
Although the defendant’s attorney claimed that the plaintiff was a highly trained medical doctor and had to sign the minutes submitted to him in the lawsuit petition, he prepared them entirely of his own free will and in his own handwriting
\nhe has requested the dismissal of the case by arguing that he has terminated his employment contract with the resignation petition he has submitted and that the plaintiff has the knowledge and competence to predict the consequences of his resignation will.
\nBy the court, \u201cgiving up all their rights to worker’s compensation for the year, resign, are not appropriate to the nature of life in the face of the fact that a defendant by the employer, the worker’s termination and the process of termination of an employment contract the plaintiff, labor law, dismissal procedures and procedure, the principle of equal treatment between employees and termination is a last resort that is not appropriate\u201d to the acceptance of the case on the grounds that it has been judged. <
\nThe decision was appealed by the deputy defendant.
\nIn order for the employee to benefit from the provisions of the labor guarantee, the employment contract must be terminated by the employer. The employee who has terminated the employment contract cannot request the invalidity of the termination and the return to work.
\nTermination of the employee’s employment contract without relying on a justifiable reason and without recognizing the notice period should be considered a resignation. In practice, the most common form is the employee’s right to notice and severance pay
\na request to leave, provided that it is paid, should be considered not as a resignation, but in the form of an icap in the direction of entering into a substitution (termination agreement), even if it is. Using the social and economic superiority of the employer, the condition for paying compensations is,
\nif, with similar pressures, he requests the employee to submit a written resignation petition and the employee complies with it, there can be no real mention of a will to resign. In this case, it must be accepted that the termination was carried out by the employer. However, this situation must be proven by the worker of the corruption of will. According to the contents of the file, it is understood that the plaintiff, who is a workplace physician, terminated the employment contract with his own hand on a petition, and it is understood that he cannot prove with concrete evidence that this document was taken from him by his will to be disabled. The employee who terminates the employment contract himself cannot claim the invalidity of the termination.
\nAcceptance of the case instead of refusal is erroneous.
\nIn accordance with Article 20\/3 of the Labor Code No. 4857, our Department has decided as follows.
\nCONCLUSION : With the justification described above;
\n1.TO OVERTURN AND ELIMINATE the court’s decision,
\n2.REFUSAL OF THE Case,
\n3.Since the fee is received in advance, there is no place for its re-receipt,
\n4.205.00 TL, which the defendant made, should be left above the trial expenses incurred by the plaintiff. the cost of the trial
\nto be paid to the defendant by collection from the plaintiff,
\n5.TL 1,980.00, determined in accordance with the tariff in force at the date of the decision. the fee of the power of attorney is taken from the plaintiff
\nto be given to the defendant,
\n6.Refund of the appeal fee received in advance to the defendant at his request,
\nTo be precise, it was decided by unanimous decision on 18.12.2017.<\/p>\n
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