TO THE JUDICIARY
CLAIM:…….
ATTORNEY: …….
DEFENDANT:…….
SUBJECT : Without prejudice to our rights regarding surplus ……. Termination benefits, ……. It is the demand for the union compensation (Total:…….) to be collected together with the legal interest from the date of termination of the employment contract.
EXPLANATIONS :1-Client ……. with insurance registration number ……. from the date the employment contract was terminated ……. He has worked at the defendant’s workplace until
2- The client’s employment contract was terminated for union reasons. Client ../../…. He became a member of the …….. trade union with his 61 colleagues working at the workplace, and the defendant employer pressured the client to resign from the union, along with other union-member workers. He informed the client that his employment contract was terminated without seniority and compensation.
3-The termination is aimed at eliminating the constitutional right to unionize.
a-) The employment contract of 23 workers has been terminated on the same day with the client,
b-) 23 workers whose employment contracts are terminated are union members,
c-) The defendant employer is based on the event that he claims to have taken place 40 days ago in the justification of the termination of the employment contract.
4-They are clear proofs that the termination is actually aimed at ensuring de-unionization.
Also,
d-) We have witnesses that they were pressured to resign from the union.
e-) As a result of the pressure exerted by the defendant employer, 13 workers resigned from the union.
f-) Şahin Saygın, whose employment contract was terminated for the same reason, has a report on the termination date of the employment contract.
g-) The defendant employer filed a lawsuit regarding the annulment of the union’s authorization determination.
5-As it can be understood from all these, the defendant employer has tended to abolish the right to unionize freely, which is guaranteed by the Article 51 of the Constitution, Article 31 of the Trade Union Law No. 2821.
6- Due to the unfair termination of the client’s employment contract due to being a member of a union, the obligation to file this lawsuit has arisen for the collection of severance pay, notice pay, annual paid leave receivables not used and union compensation.
LEGAL REASONS: LABOR LAW, TSGLK and other relevant legislation.
EVIDENCE: Member registration slip, authorization letter, employment contract termination notice, Supreme Court decisions, union resignation petitions, report, case for annulment of authorization determination, witness statements and other legal evidence.
ANSWER TIME: 10 days
RESULT OF THE REQUEST: As explained above, without prejudice to our rights regarding the surplus due to the unfair termination of the employment contract due to trade union reasons……. Notice Compensation and ……. We request that the Syndicate Compensation be collected together with the legal interest from the date of termination of the employment contract, that the Court Expenses be charged to the defendant, that the other party attorney’s fee be awarded on our behalf as an Attorney in accordance with the 164/last paragraph of the Law No. 1136, amended by the Law No. 4667.
ATTORNEY’S ATTORNEY
