Workers’ receivables are regulated in our Labor Law No. 4857, and wages, compensation etc. are monetary values.
The problem of labor rights and receivables arises when workers leave their workplaces or are dismissed. Most of the time, employer and employee disagree on this issue and labor rights and receivables are brought to court through lawsuits.
The receivables that are decided in favor of the worker in labor cases are mostly taken into consideration on a gross basis, and it is decided to take the deductions into account during the execution phase. In the execution proceeding, first of all, it should be checked whether the court has ruled the receivables on a gross basis. If the workers’ receivables are taken into consideration as gross, the receivables should be converted into net by making the necessary deductions and followed up on these amounts.
Placing the receivables of the workers in the execution proceedings with a judgment on a gross basis without converting them into net is in violation of the writ and is the subject of a complaint. Since the aforementioned complaint is in the nature of separation from the judgment in the enforcement proceeding with a verdict, it is related to public order and can be sued through a complaint in the enforcement court indefinitely.
The Supreme Court decision on the subject is as follows;
T.R. YARGITAY8. LAW OFFICE. 2015/17339K. 2015/20274T. 12.11.2015
“SUMMARY: The case; regarding the request for cancellation of the follow-up. In the enforcement proceedings with a verdict, the complaint that the receivable items are requested in gross and that legal deductions are not made is in the nature of contradiction to the writ, and such complaints can be brought before the Enforcement Court indefinitely since they are related to public order. In this case, while the court should make a decision based on the result by conducting an expert examination when necessary, it is not correct to reject the complaint within the time limit.
CASE: Upon the request of the plaintiff for the examination of the court decision on appeal, within the period of the court decision with the date and number written above, it was sent to the Chamber from the location of the file regarding this matter.
DECISION: Debtor’s attorney, in the execution proceedings initiated against his client with the follow-up file numbered 2015/1229 of Kırşehir Enforcement Directorate, pursuant to the decision of Kırşehir 1st Civil Court of First Instance dated 20.01.2015 and numbered 2013/216 and 2015/49. stated that the receivables were requested in gross terms and that no legal deductions were made and demanded the cancellation of the follow-up.
Since the 7-day complaint period has passed since the notification of the enforcement order, the court decided to reject the complaint in terms of time and the judgment was appealed by the debtor’s attorney.
In the enforcement proceedings with a verdict, the complaint that the receivable items are requested in gross and that legal deductions are not made is in the nature of contradiction to the writ, and such complaints can be brought before the Enforcement Court indefinitely since they are related to public order. (HGK’s Decision dated 21.06.2000, numbered 2000/12-1002)
In this case, while the court should make a decision based on the result by conducting an expert examination when necessary, it is not correct to reject the complaint within the time limit.
CONCLUSION: With the acceptance of the debtor’s attorney’s objections, the Court’s decision was OVERFINED pursuant to Articles 428 of the HUMK no. ( HMK m.297/ç ) and 366/3 of the İİK. It was unanimously decided on 12.11.2015 that a request for correction of the decision can be made against the decision within 10 days following the notification of the Supreme Court Chamber’s decision, and the cash fee of 27.70 TL can be returned to the plaintiff upon request.”
