Seniority And Notice Compensation Request Letter
…….TO THE HONORABLE COURT
PLAINTIFF:…….
ATTORNEYS:…….
DEFENDANT:…….
SUBJECT: Request Regarding the Excess and Our Right to Sue Reserved, Regarding Our Request for the Collection of ……. Severance Pay with the Highest Rediscount Interest Rate from ……. and ……. Notice Compensation with Legal Interest from …….
EXPLANATIONS :1-Our client has been working as a secretary in the Production Department at the defendant’s workplace since ……, but on 04.03.1998, pursuant to the Disciplinary Board’s decision dated 04.03.1998 and numbered 1998/2, she was dismissed from her position as a secretary in the Production Department. -Employment Contract and Article 17/2 of Law No. 1475, she obtained unjust enrichment by receiving overtime pay without working overtime and thereby caused damage to the Company. This situation was communicated to our client by the ……. dated …….
2-Our client’s objection to the termination of his employment contract was rejected by the Disciplinary Board’s Decision No. 1998/3 dated 17.03.1998.
3-In its decision dated 04.03.1998 and numbered 1998/2, the Defendant Company stated that “With the approval of the General Management dated 27.02.1998 and numbered 1004, During inspections conducted at the Production Directorate, it was determined that in 1997 and 1998, the Production Directorate timekeeper prepared two copies of the weekly overtime forms, which were approved by the Production Directorate and then sent to the Personnel and Social Affairs Directorate. It was also determined that the timekeeper … … added names and overtime hours, thereby obtaining unjust enrichment. It was also reported that our client received overtime pay for 19 days without coming to work, and the employment contract was terminated without compensation.
4-Our client has no knowledge whatsoever of the events related to the termination of his employment contract. The overtime in question was recorded by the timekeeper … … without our client’s knowledge. Our client stayed at work when requested. The timekeeper … … created a legal basis for his actions by making it appear that many employees had worked overtime in order to cover up his own actions to gain unjust enrichment, causing our client to suffer.
5-After this incident came to light, our client’s investigation revealed that there were days when he worked overtime but did not appear to have done so. The number of hours worked is recorded on the overtime schedule by the timekeeper …. ……. It is not possible for our client to verify this. Our client has been known for his honesty and dedication at the defendant’s workplace for 12 years. It is impossible for him to seek unjust gain by resorting to this method. As he is the only female employee working as a secretary at the workplace, he does not even have a colleague with whom he can compare or calculate his salary. Therefore, it is impossible for him to notice any underpayment or overpayment in his salary.
6-Moreover, our client did not work any overtime during the period in question. Since overtime was recorded by the timekeeper … … using a random and primitive technique, it appears that no overtime was worked on days when overtime was worked, and overtime was worked on days when no overtime was worked. Our client cannot be held responsible for this situation. The application of Article 17/2 of the Labor Law against our client is unlawful; the actions of the timekeeper … … are contrary to the rules of morality and good faith. Our client cannot be held responsible for the actions of another person.
LEGAL GROUNDS: Labor Law, Code of Civil Procedure, and Related Legislation
EVIDENCE:
CONCLUSION: For the reasons stated and to be seen ex officio, our right to claim and sue for excess amounts remains reserved. Seniority compensation from ……. Notification Compensation from ……. together with legal interest, the imposition of litigation costs on the defendant, and the award of the opposing party’s attorney’s fees to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY