Lawsuit Petition for Obtaining Leave of Absence from Şua

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:
We request the collection from the defendant of a total of ... TL, consisting of ... TL for overtime pay, ... TL for radiation leave pay, ... TL for notice pay, and ... TL for severance pay, along with interest accruing from the date of default, reserving our right to pursue further claims.

VALUE OF THE CLAIM:
… TL (Right to sue and claim for a higher amount is reserved)

EXPLANATIONS:

1. My client, [Name and Surname], worked as … for the defendant's employer between …/…/… dates (Appendix-1, Sample Contract).
2. My client fulfilled his duties completely throughout his employment and, as the only physician in this field, performed his responsibilities without any shortcomings in a very demanding work environment. Hospital records would show in which unit and for how long the client was treated and how many patients he saw (Appendix 2, Hospital Records). However, the employment contract was terminated by the defendant employer without any justifiable reason (Appendix 3, Notice of Termination).
3. Although the client notified the defendant via a notice dated 12.12.2018 and numbered 12341 from the Ankara Notary Public, demanding payment of the amounts owed due to the unfair termination of the employment contract, this lawsuit was filed because the defendant failed to make any payment (Appendix-4, Notary Document and Notification Commentary).
4. According to Article 21 of the Regulations on Radiology, Radium and Electrotherapy Establishments, "It is prohibited to work with X-rays and radium for more than five hours a day on a permanent basis. In addition to Sundays, X-ray clinics must have an afternoon break.".
5. My client worked as a ... employee for the defendant employer and worked an average of 8 hours a day. This is confirmed by entry and exit records and witness testimonies (Appendix 5, Entry and Exit Records). Considering that my client was actively exposed to radiation during this work (Appendix 6, On-Site Inspection - Expert Examination), we request that the court calculate the amounts owed for work exceeding five hours a day, in accordance with the Radiology Regulations, and order the defendant to pay these amounts.
6. Considering that, in addition to the annual paid leave period specified in Article 24 of the same Regulation, there is a four-week additional holiday entitlement, we request that the court order the defendant to pay compensation for the unused radiation leave.
7. Since the employment contract was terminated unilaterally by the defendant without any justification, we request that the court calculate and order the defendant to pay the resulting notice and severance pay.

EVIDENCE:

1. Employment Contract
2. Termination Notice
3. Bank Records
4. Workplace File
5. Discovery
6. Expert Examination
7. Hospital Admission and Discharge Records
8. Notary Notice
9. Dosimeter Records (We are requesting the records from the Turkish Atomic Energy Authority by sending a written request)
10. Witness Testimonies
11. Precedent Court Decisions and other legal evidence

LEGAL GROUNDS:
Law No. 3153 and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons stated and explained above, and for other reasons to be investigated ex officio; we request that the justified claim be accepted;

1. Without prejudice to our right to pursue further claims and demands, we hereby order the defendant to pay ... TL in overtime wages, along with the highest interest rate applied to deposits by banks, calculated from the date the overtime wages arose
2. Without prejudice to our right to pursue further claims and demands, we hereby order the defendant to pay ... TL, along with the highest interest rate applied by banks to deposits from the date the radiation permit fee arose
3. Without prejudice to our right to pursue further claims and demands, we hereby request that the defendant pay ... TL in severance pay, along with interest calculated using the highest interest rate applied to deposits by banks, effective from the date of termination
4. Without prejudice to our right to pursue further claims and demands, we hereby order the defendant to pay ... TL in severance pay, along with legal interest accruing from the date of default
5. We respectfully request and demand that the court order the opposing party to pay the court costs and attorney's fees.

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