Person Retired from Work Due to Marriage Is Entitled to Severance Pay

9. Law Office

Base Number: 2017/12946

Decision Number: 2019/22061

“Justice Text”

COURT: LABOR COURT

The decision made as a result of the lawsuit between the parties was requested by the plaintiff’s attorney to be examined on appeal, and it was understood that the appeal requests were in time. After listening to the report prepared by the Investigation Judge for the case file, the file was examined, the need was discussed and considered:

JUDICIARY DECISION

A) Summary of Plaintiff’s Request:
The plaintiff’s attorney stated that his client was working as a medical secretary in the hospital belonging to the defendant company, although he wanted to quit his job due to marriage, his request was not accepted, but his employment contract was terminated after the end of his report, the last 1,000 TL. He has been working for a net salary of 100.00 TL per month for the last one and a half years. claiming that he was paid cash indemnity, that he worked six days a week between 08:00 in the morning and 17:00 in the evening, that he continued to work on religious and national holidays, severance pay, notice indemnity, annual leave wage, wage, overtime wage, general holiday wage and demanded the collection of the cash compensation from the defendant.
B) Summary of Respondent’s Response:
Despite the fact that the defendant’s attorney terminated his employment contract with his resignation letter on 27.05.2013 while he was working for the minimum wage, that he had been complained about many times during his employment, and that he was given warnings, reprimands and warnings, even though it was determined that he did not receive money from the patient and did not submit it to the accounting office, he did so because of his absentmindedness. Since he knew that he had done so and that his employment contract could be terminated for these reasons, he submitted a letter of resignation on 27.05.2013 and requested that the employment contract be terminated on 11.06.2013 and that this request was deemed appropriate, but received a report after this date. He demanded the dismissal of the case, arguing that it was made in 2013, that he did not receive overtime and holiday work, and that he had used a compensation permit in return for these works.
C) Summary of District Court Decision
Based on the evidence gathered and the expert report, the court decided to reject the severance pay, remuneration and cash compensation, and to accept the other demands.
D) Appeal:
The plaintiff’s attorney appealed the decision.
E) Reason:
1-According to the articles in the file, the collected evidence and the legally compelling reasons on which the decision is based, the plaintiff’s appeals that fall outside the scope of the paragraph below are not appropriate.
2-The plaintiff worker claimed that the employment contract was terminated by the employer without just cause, and requested notice and severance pay, and the defendant employer relied on the resignation bearing the signature of the plaintiff worker.
The court decided to reject the claim for severance pay on the grounds that the claimant worker left the workplace by resigning, and no positive or negative provision was made in terms of notice pay.
According to the information and documents in the file, the defense of the claimant worker was taken on 27.05.2013 due to a faulty transaction, and in the defense of the plaintiff worker, “I made a check-in at the place where I was going to enter the outpatient clinic for a patient named Miktat Koşgin on 14.05.2013. I apologize for the mistake I made because I was distracted by the busy cashier that day and the death of my husband’s father. I received the procedure when the patient applied to our hospital again on 22.05.2013, that my mistake would not be repeated. That day, I invoiced the patient and paid the 35 TL fee myself due to my mistake. I have reported this to the accounting as well.” made a statement. In the petition of resignation submitted by the plaintiff on the same date, it was stated that he would leave the workplace as of 11.06.2013. The plaintiff worker claimed that his resignation was taken as a result of pressure and that it was based on a will, and the plaintiff’s witnesses made statements supporting the claim in this direction. At the same time, the fact that a petition of resignation was signed by the defendant employer on the day the defense letter was received leads to the conclusion that the petition was received due to the alleged event. Considering the defense of the plaintiff worker regarding the alleged wrongful transaction, it is understood that there are no justifiable grounds for termination.
On the other hand, with the petition dated 06.06.2013 submitted by the plaintiff worker to the file, it is claimed that he terminated the employment contract due to marriage while he was still working at the workplace, and this statement should be accepted as binding for the plaintiff worker. In the notice sent by the notary public on 13.06.2013, the plaintiff stated that he left the workplace due to marriage, and it is understood that the legal conditions for the severance pay have been met.
While the court should have decided to reject the notice pay and accept the severance pay, the rejection of the severance pay in writing and not giving a positive or negative decision in terms of notice pay was wrong and necessitated reversal.
F) Result:
It was unanimously decided on 10/12/2019 that the appealed decision be OVERFINED for the reason written above, and that the appeal fee paid in advance be returned to the concerned person upon request.

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