T.C
SUPREME
- law office
ISSUE NO: 811/2014
DECISION NO: 2015/14090
DATE OF DECISION: 14.04.2015
IF A WORKER IS MADE TO WORK OUTSIDE OF HIS/HER JOB, HE/SHE CAN ALSO ASK THE EMPLOYER FOR THE PAYMENT OF THIS.
The plaintiff asked to be decided on the payment of unpaid wages and balance period wage receivables. The local court has decided to partially accept the case. Although the parties were appealed by their lawyers during the sentencing period, after hearing the report prepared by the Tekkik Judge for the case file, the file was examined, discussed and considered as necessary:
The plaintiff claimed that the defendant worked as an oiler within the employer in accordance with the Maritime Labor Code, that the employment contract was terminated unfairly by the employer, and that they would receive unpaid wages and balance fees.
The defendant sought a dismissal of the case, arguing that the plaintiff’s employment contract was terminated for the rightful reason.
On the basis of the collected evidence and the expert report, the court decided to partially accept the case on the grounds that the defendant was right to conquer the employment contract, so he would not be entitled to the balance period fee, and would receive unpaid wages from the last month he worked.
The decision was appealed by the parties.
1-According to the evidence collected from the articles in the file and the legal reasons on which the decision is based, all the plaintiffs’ appeals of the defendant that fall outside the scope of the following paragraph are out of place.
2-There is a dispute between the parties as to whether the employment contract for a certain period of time has been terminated by the employer for a dec reason before its expiration.
7 of the Maritime Labor Code No. 854. in its article, three types of contracts with seafarers are mentioned. Accordingly, the employment contract with the shipowner can be concluded for a certain period of time, for the expedition or indefinitely.
In the concrete case, the employment contract between the parties dated 24 dec06/2008 was concluded for a period of 9 months. The plaintiff’s duty is stated as flattery. However, the plaintiff had the hole in the ship’s swage tank repaired by welding and this tank was cleaned. It is stated that this payment will not be made by the employer after the plaintiff requests an additional fee from the employer for this transaction. In addition, in the petition dated 12.11.2008 written by the employee addressed to the employer, it was stated that he was entitled to this fee and that it was not right for him to be threatened with dismissal by the employer because he claimed this right. The plaintiff’s employment contract was terminated with the disciplinary committee dated 12.11.2008 upon this petition. In the decision of the disciplinary committee, it was stated that the plaintiff caused unrest on the ship and spoke slang, and although the employer submitted two minutes to prove this fact, he could not prove the accuracy of the contents of these minutes. The employer is right to claim that the reason for the justified termination will be the remuneration he receives. It should be accepted by the court that the plaintiff will receive a balance period fee by re-evaluating the expert report in the file.
CONCLUSION: It was unanimously decided on 14.04.2015 that the appealed decision should be OVERTURNED for the reason written above, and that the appeal fee received in advance should be returned to the relevant person upon request.
