Petition for Compensation for Moral Damages and Overtime Pay Due to Mobbing

 TO THE LABOR COURT

ISTANBUL

PLAINTIFF: Name and Surname - (Turkish Republic Identity Number: …) - Address
REPRESENTATIVE: Lawyer's Name and Surname - Address, Mobile Phone
DEFENDANT: Name and Surname - Address
SUBJECT: While reserving our right to claim further amounts, we are currently seeking the recovery of … TL in overtime pay and … TL in holiday pay, along with deposit interest, from the defendant, and … TL in moral damages due to the termination of the employment contract based on psychological harassment.

VALUE OF THE CLAIM: … TL (Value for court fees)

EXPLANATIONS:

1. The client, the plaintiff [Plaintiff's Name and Surname], graduated from the Department of Electrical and Electronics Engineering at [University Name] in [Year]. He subsequently worked in various cities for [Duration] years.

2. My client worked for the defendant company between …/…/….. and …/…/….. During this period, he/she made significant contributions to the defendant company's profitability and its operations.

3. However, due to changes in company management, the client was subjected to liquidation-related pressures and ultimately had their employment contract unfairly terminated. Their net salary as of the date of their departure (…/…/…) was [Amount] TL

4. The defendant paid the client [Amount] TL in severance pay, [Amount] TL in salary for the month of … and [Amount] TL in unused annual leave pay upon termination of the employment contract. However, overtime and holiday pay have not been paid.

5. The client worked every day of the week between …/…/….. and …/…/….. hours. During this period, excluding lunch breaks, they worked an average of [Hours] hours per day and an average of [Hours] hours per week.

6. Between …/…/….. and …/…/….., the client worked between …-… hours and worked half-days on Saturdays. During this period, excluding lunch breaks, the client worked an average of [Hours] hours per day and an average of [Hours] hours per week.

7. According to Article 41 of the Labor Law, work exceeding 45 hours per week is considered overtime, and 50% more than the normal wage must be paid for each hour of overtime. We request that the defendant pay our client the wages for overtime and weekend work.

8. The client's employment contract was terminated as a result of systematic psychological harassment (mobbing) by the defendant company. Despite working diligently for the company's success, the client was targeted, humiliated, and ostracized by the new management. These mobbing practices caused the client's psychological health to deteriorate, requiring treatment

9. Mobbing practices include actions such as disregarding the client's past achievements, assigning them tasks below their qualifications, humiliating them, excluding them, threatening colleagues, and subjecting them to aggressive behavior.

10. The defendant company, despite being aware of the problems experienced by the client, failed to take the necessary precautions and provide a healthy working environment. This situation warrants the termination of the employment contract for just cause and a claim for compensation for moral damages.

EVIDENCE:

• Health report
• Witness statements
• Other legal evidence

LEGAL GROUNDS:

• Labor Law Article 41
• Turkish Code of Obligations, Article 417
• Supreme Court precedents

CONCLUSION AND REQUEST:

For the reasons stated above, the defendant company;

• The client shall be paid the unpaid overtime and holiday pay, along with interest on the deposit
• The court orders the payment of [Amount] TL in moral damages due to the psychological abuse suffered by the client
• We respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees.

[History]

[Lawyer's Name and Surname]

[Attorney's Signature]