T.R. SUPREME COURT
- Law Office
Basis: 2016/5753
Decision: 2016/7425
Decision Date: 22.06.2016
ACTION FOR LABOR RECEIVABLES – WHERE THE APPLICANT STATES AT THE JURISDICTION OF THE LABOR COURTS AT THE ADDRESS OF THE PLACE WHERE HE WORKED
SUMMARY: In the concrete dispute, the address of the place where the plaintiff does his work is “…/…” and this address is within the jurisdiction of the ……….. Labor Courts, the plaintiff has filed a lawsuit in the court of the place where he/she has done his/her work, which is authorized by using his right of choice, therefore the dispute is ………. .. It must be seen and finalized in the Labor Court.
(5521 S. K. Art. 5)
Litigation and Decision: In the lawsuit regarding labor claims between the parties, all documents in the file sent to determine the place of jurisdiction were examined, due to the separate decision of non-authority by the Istanbul 4th Labor and Bakırköy 6th Labor Courts.
The case concerns the claim for severance pay, annual leave, overtime and general holiday pay.
The Istanbul 4th Labor Court has given a decision of lack of jurisdiction on the grounds that, pursuant to Article 5 of the Labor Courts Law No. 5521, the case must be filed in the court of the defendant’s residence or the place where the work is carried out, that the authority in labor proceedings must be from public order and should be taken into account ex officio.
On the other hand, Bakırköy 6th Labor Court, on the other hand, states that the authority in labor proceedings is from public order and should be taken into account ex officio, pursuant to Article 5 of the Law No. 5521, the case should be filed in the court of the defendant’s residence or the place where the work is carried out, in the concrete dispute, the place where the work is done is in the jurisdiction of Istanbul, the headquarters of the company. on the other hand, … gave a decision of lack of jurisdiction on the grounds that it was in the jurisdiction of the court of the place where the work was carried out, although the case was filed in the court of the place where the work was carried out, a decision of lack of jurisdiction was given and the file was sent, the address of the place where the plaintiff carried out his work was “…/…” and this address was within the jurisdiction of the … Court.
In Article 5 of the Labor Courts Law No. 5521, labor courts have been determined as competent in labor disputes. According to this, “Every lawsuit to be filed in labor courts can be tried in the court of the place where the lawsuit is filed as per the Turkish Civil Code, as well as in the competent court for the workplace where the worker does his work. Contract contrary to these shall not be deemed valid.” provision is included.
The rule of jurisdiction in the Labor Courts is in accordance with the rules of jurisdiction of the Code of Civil Procedure, and in addition, it authorizes the courts of the place where the work is done, in other words, the place where the workplace is located.
The lawsuit brought to the labor court must be filed in the labor court in the place where the defendant is domiciled or in the place where the worker does his work on the date of the lawsuit, or in the civil court of first instance, which is responsible for dealing with labor cases.
The rule of jurisdiction in the aforementioned article regulating the jurisdiction of the labor court is related to public order and is final. According to the aforementioned provision, the plaintiff worker can file the lawsuit in the court of the place where the work is done, or in the court of the defendant’s residence.
In the concrete dispute, the address of the place where the plaintiff does his work is “…/…”, this address is within the jurisdiction of the Istanbul Labor Courts, the plaintiff has filed a lawsuit in the court of the place where he/she has done his/her work, which is authorized by using his right of choice, therefore, the dispute must be heard and concluded at the Istanbul 4th Labor Court.
Conclusion: For the reasons explained above, it was unanimously decided on 22.06.2016 that the Istanbul 4th Labor Court be determined as the place of jurisdiction pursuant to Articles 21 and 22 of the HMK No. 6100.
