Employee Wage (Operator) Lawsuit Petition

TO THE DUTY LABOR COURT
OF ANKARA

PLAINTIFF:
[Name and Surname] – (Turkish Republic Identity Number: [Turkish Republic Identity Number]) – Address

ATTORNEY:
Lawyer [Name and Surname] – Address

DEFENDANT:
[Name and Surname] – Address

SUBJECT:
Severance pay, notice pay, overtime pay, weekend/weekend work pay, national and public holiday pay, annual leave pay, minimum living allowance, meal and child allowance, salary claims, etc.

VALUE OF THE CLAIM:
… TL (subject to the right to claim further amounts)

EXPLANATIONS:

1. Our client started working as a construction equipment operator at the defendant's workplace with an employment contract concluded on …/…/…. According to the relevant employment contract, our client's net monthly salary at the time of leaving the job was … TL.
2. Our client worked continuously for a total of 8 years at the defendant's workplaces until the termination of the employment contract. Although our client sent a notice to the defendant via the Notary Public on .../.../... with registration number ... due to difficulties experienced at the workplace, the defendant not only failed to fulfill the requests in the notice but also terminated the employment contract unjustly and maliciously on .../.../... due to a violation of moral and good faith principles (code 29). Despite the justified notice, our client's labor claims were not paid, and the termination by the defendant, despite the notice, was entirely malicious.
3. Although our client subsequently applied for legal mediation, as can be seen from the mediation report dated …/…/… attached hereto, no resolution was reached. This lawsuit has been filed to defend our client's rights.
4. The defendant is entirely at fault for the termination of the employment contract. Complaints regarding the consistently unfavorable working conditions, unpaid wages, and workplace bullying (mobbing) at the defendant company's workplace were ignored. The employer pressured our client to maintain the workplace conditions and requested that we make false statements regarding our rights.
5. Our client's last net salary before leaving the company was … TL. However, since this information was omitted from the payroll records, we request a comparative wage assessment based on our client's job position and the work performed. The defendant has not paid our client's salary for the last two months, and therefore we demand payment of this amount. During his employment, our client did not take any annual leave, was made to work weekends, and received no payment for working on national holidays.
6. If deemed appropriate by the court, workplace records and witness statements will be examined to verify matters relating to working conditions and unpaid wages.

EVIDENCE:

1. Workplace registrations
2. Witness list showing the names and addresses of the witnesses and the subjects they will testify about
3. Social Security Institution records
4. Notices sent to the defendant
5. Similar case files filed against the same employer
6. Expert examination
7. Due to the fact that the payrolls do not reflect the reality, a comparative wage survey should be conducted to determine the actual wage
8. Construction equipment operator certificate
9. Mediation file
10. Witness statement
11. Inspector's reports and files
12. Oath and other evidence

CONCLUSION AND REQUEST:
For the reasons briefly explained above,
a. That, reserving our right to claim further amounts, the defendant be ordered to pay … TL in severance pay, together with the highest bank deposit interest rate applicable from the date of termination of the employment contract (partial claim);
b. That, reserving our right to claim further amounts, the defendant be ordered to pay … TL in salary for the last two and a half months, together with legal interest applicable from the date of payment (partial claim);
c. That, reserving our right to claim further amounts, the defendant be ordered to pay … TL in notice pay and … TL in annual leave pay, together with legal interest applicable from the date of the lawsuit (partial claim);
d. We respectfully request and demand that the defendant be ordered to pay the following amounts, with legal interest accruing from the date of the lawsuit: ... TL for overtime pay, ... TL for weekend/weekend work pay, ... TL for national and public holiday pay, ... TL for minimum living allowance, meal and child allowance (unspecified amount), to be increased if the amount calculated by
expert witnesses is found to be excessive (to be increased when it is possible to determine it precisely and accurately); and d. that the court costs and attorney's fees be borne by the opposing party.

…/…/…
Plaintiff's Attorney, Attorney
[Name and Surname]
Signature

APPENDICES:

1. Power of attorney
2. Warning notices
3. Service record
4. mediator report