APPLICATION FOR CLAIMING EXCESS SEVERANCE AND NOTICE PAY

TO THE DUTY LABOR COURT
OF IZMIR

---

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

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

DEFENDANT:
… Ltd. Ltd. – Address

---

SUBJECT:

This is a claim for additional severance pay, notice pay, and annual leave pay.

---

EXPLANATIONS:

1. Termination of employment and reinstatement process:
   My client worked as an employee for the defendant employer under an indefinite-term employment contract from …/…/…. The employment contract was terminated unfairly and invalidly by the defendant employer on …/…/…. Due to the invalidity of this termination, my client filed a reinstatement lawsuit with the … Labor Court under case number …/…. As a result of this lawsuit, the court ruled for my client's reinstatement and payment of his legal rights.
2. Non-implementation of a final court decision:
   The local court decision was upheld and finalized by the 9th Civil Chamber of the Court of Cassation with decision number …/… E., …/… K. In accordance with this final decision, my client applied for reinstatement with a notice dated …/…/… and numbered … at the … Notary Public. However, the defendant employer did not reinstate my client, only paying compensation resulting from the non-reinstatement.
3. Deficiencies in the calculation of severance and notice pay:
   According to the established jurisprudence of the 9th Civil Chamber of the Supreme Court of Appeals (Case No. 2018/24123 E., 2019/15453 K.), “In a reinstatement lawsuit, the employment relationship continues uninterrupted in accordance with the decision regarding the invalidity of the termination. In this case, for the calculation of severance pay, notice pay, and annual leave pay, it is accepted that the employment contract ended on the date the employer did not reinstate the employee.”
4. Our rights regarding additional payments:
   My client's employment contract should be considered terminated on the date the employer failed to reinstate him/her. Therefore, severance pay, notice pay, and annual leave pay should be calculated based on the salary at the date of non-reinstatement. However, the defendant employer made insufficient payments to my client, particularly regarding severance and notice pay, which should have been calculated based on the last salary, resulting in my client being wronged by inadequate calculations.
5. Supported by a Supreme Court decision:
   As stated in the decision of the 9th Civil Chamber of the Supreme Court, numbered 2018/24123 E., 2019/15453 K., “With the decision that the termination is invalid, it should be accepted that the employment contract continues uninterrupted, and compensation rights should be calculated based on the wage at the date of non-reinstatement.” My client also needs to recover the difference in compensation that was underpaid from the defendant on the same legal grounds.

---

EVIDENCE:

1. Labor Court's case file numbered …/… and decision numbered …/…
2. A copy of the Supreme Court's 9th Civil Chamber's confirmation decision
3. Notary notice,
4. My client's Social Security Institution registration file,
5. Payroll records and employment contract from the defendant's workplace
6. Expert examination,
7. Witness statements and other legal evidence.

---

WITNESSES:

1. Name and Surname – (Turkish Republic Identity Number: …) – Address, Telephone
2. Name and Surname – (Turkish Republic Identity Number: …) – Address, Telephone

---

LEGAL GROUNDS:

Labor Law No. 4857, Turkish Code of Obligations No. 6098, Code of Civil Procedure and related legislation.

---

CONCLUSION AND REQUEST:

For the reasons stated above, and for matters to be considered ex officio;

1. For now , the difference in severance pay of ... TL will be calculatedwith the highest bank deposit interest rate from the date of non-reinstatement of employment.
2. For now , the difference in severance pay of ... TL will be paid, along with legal interest from the date of the lawsuit.
3. For now , the amount owed is … TL difference in annual leave pay, along with legal interest from the date of the lawsuit.
4. The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand that a decision be made in my capacity as legal representative.

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