Petition for Objection to Statute of Limitations

To be forwarded to the 22nd Civil Chamber of the Supreme Court of Appeals … via the Labor Court, Ankara.

File Reference Number: …/…

DEFENDANT:
… Construction and Trade Inc.
Address

ATTORNEY:
Lawyer's Name and Surname,
Address

SUBJECT:
Submission of our objections regarding the statute of limitations pursuant to Additional Article 3 added to the Labor Law No. 4857.

EXPLANATIONS:

1. Our client company is a defendant in the case with the above-mentioned case number, and we are obligated to submit our defenses following the notification we received.
2. Legal Regulation:
   According to Article 3 of the Additional Article added to Law No. 4857 by Article 15 of Law No. 7036 on Labor Courts;
   “The
   statute of limitations for annual leave pay and the following compensations, regardless of which law they are subject to, arising from the employment contract, is five years:
   a) Severance pay,
   b) Compensation arising from termination of the employment contract without complying with the notice requirement,
   c) Compensation for bad faith termination,
   d) Compensation arising from termination of the employment contract without complying with the principle of equal treatment.”
   In accordance with this provision, the statute of limitations for severance pay and other labor claims is regulated as five years, and it is established by law that the right to claim is forfeited upon the expiration of this period.
3. Status of the Case:
   The claims for the collection of labor receivables in the case file have become time-barred under the aforementioned regulation. Holding the client company liable for any delay would be contrary to law and equity.
   Since the statute of limitations for claims related to severance pay, notice pay, compensation for bad faith, and annual leave pay is five years, claims made after this period must be rejected.

CONCLUSION AND REQUEST:
For the reasons presented and explained above,

1. Your court has determined that the claims regarding labor receivables within the scope of this file have exceeded the statute of limitations
2. We request that our statute of limitations objections be considered and a decision be made in favor of our client company
3. I respectfully request and demand, on behalf of my client, that the court order the opposing party to pay the court costs and attorney's fees
   

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