PETITION FOR AMENDMENT OF WORKER CLAIMS

… TO THE LABOR COURT
OF ISTANBUL

FILE REFERENCE NUMBER: …/…

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

ATTORNEY:
Lawyer's Name and Surname – Address – Telephone Number

DEFENDANT:
… Inc. – Address

SUBJECT:

Our request is for amendment of the expert report dated …/…/… based on our objections regarding the incomplete calculations, for obtaining an additional report, and for the collection of a total of … TL in labor costs.

EXPLANATIONS:

1. Expert report and calculation errors:
   My client worked at the defendant company's workplace from …/…/… to …/…/…. The expert report prepared by the court appointed calculated a portion of my client's labor claims, but contained incomplete and erroneous calculations for items such as overtime pay, national holiday pay, and annual leave pay.
2. Our objections to the report:

• Overtime: According to witness statements, my client worked the second shift for … days a month, totaling … hours of overtime. However, the expert report only considered overtime payments for specific months and did not include any calculations for other months.
• National and Religious Holidays: Witness statements confirm that the client worked on the second and third days of religious holidays, as well as on official holidays. However, the expert witness did not take into account the underpayments in the payrolls and did not calculate these entitlements.
• Annual Leave Entitlements: It is clearly stated that the client did not use their annual leave entitlements when their employment contract was terminated. However, this entitlement was disregarded in the expert report.

3. Supported by Supreme Court precedent:
   In its decision numbered 2021/5678 E., 2022/2345 K., the 9th Civil Chamber of the Supreme Court stated that "when calculating overtime and other labor claims, witness statements and payroll records should be evaluated together, and leaving the overtime column blank on payrolls does not mean that the employee has waived their rights." Accordingly, the client's objections regarding overtime and other claims should be taken into consideration.
4. Our request for amendment:
   Due to incomplete and incorrect calculations in the expert report;

• The severance pay will be increased by … TL to … TL
• The severance pay has been increased from … TL to … TL
• Overtime pay will be increased by … TL to … TL
• The National and Religious Holiday Pay has been increased by … TL to … TL
• We are requesting a correction of the claim for … TL for Annual Leave Pay, totaling … TL.

CONCLUSION AND REQUEST:

For the reasons stated and explained above;

1. Our request for amendment shall be served on the defendant
2. The highest interest rate applied to deposits from …/…/… date shall be applied to severance pay
3. The total amount of … TL owed to the defendant shall be collected with legal interest applied to other labor claims from the date of the lawsuit
4. In light of the incomplete and incorrect calculations in the expert report, an additional report should be obtained
5. The court costs and attorney fees shall be borne by the defendant

I respectfully request and demand, as a legal representative, that a decision be made.

…/…/…
Plaintiff's
Attorney Name and Surname
Signature