T.C.
SUPREME
- law office
MAINLY NO: 2017/5716
DECISION NO: 2017/14596
DATE OF DECISION: 2.10.2017
ABSTRACT: The employer of the employee working in the places subject to condominium ownership is the condominium owners, and the condominiums are equally responsible for the labor receivables. The management is in the position of acting employer. Although it is appropriate to open a case against the management, the judgment should be established against the floor owners in accordance with Article 20/a of the Condominium Ownership Law.
The plaintiff requested that severance pay, notice compensation, national holiday and general holiday pay, annual leave pay, week holiday pay, overtime pay and wage receivables be decided with severance pay.
The local court has decided to partially accept the case.
Although the defendant was appealed by his lawyer during the sentencing period, after hearing the report prepared by the Examining Judge for the case file, the file was examined, discussed and considered as necessary:
decision
Deputy plaintiff; your client is the defendant in the workplace a security guard, yard, a cleaning worker 01/05/2009-30/08/2013 running continuously in the range of dates of the site is a construction site is a site where people live crowded and 300 81 of the site and cleaning the garden, watering, fertilizing, and doing all the maintenance and cleaning internal and external maintenance to do their job from the month of November of 2012 started his client in the morning 06.00-21.00 hours working between his client didn’t take a vacation week including Saturday and Sunday she didn’t use the fees, in the last year, one day a week has been considered a weekday off on Tuesdays, but on this day off, he also returned to the site at 16:00 and continued his services, as he will receive a fee of 250.00 TL for the last 10 days.don’t click, that does not use annual leave in the year in 2009-2010 2009-2010 didn’t let religious holidays, in the years used for the first three days of official holidays no permission to work on if you use a short sabbatical before they are allowed under the same conditions, although it is said that should continue to work, citing that he or she was when you told him that, he asked the defendant to decide on the collection of severance and notice payments and annual leave fees, national holidays, general holidays, week holidays, overtime and wage receivables.
The defendant’s representative; the plaintiff works as an apartment attendant, does not start work on 16/07/2012, which is the end of the annual leave, the plaintiff can be contacted on 18/07/2012 and the plaintiff leaves voluntarily on the same date by submitting a petition stating that he has quit his job, there is no receivable from the site.
With the partial acceptance of the case by the court, severance and notice compensation, as well as annual leave, national holiday, general holiday, week break, overtime pay were collected from the defendant.
The defendant appealed the decision.
1-)According to the evidence collected from the articles in the file and the legal reasons on which the decision is based, the defendant’s appeals that fall outside the scope of the following paragraph are not valid.
2-decWhether the plaintiff works during the week off is a matter of dispute between the parties.
Although the court has ruled that the receivables calculated according to the statements of the plaintiff’s witness have been settled, the defendant’s witness and the plaintiff’s witness have declared that the plaintiff is on Sundays off. In this case, taking into account the statements of the defendant’s witnesses and the contradictory and abstract statements of the plaintiff’s witnesses, it became clear that the plaintiff could not prove his claim that he worked during the week holidays. Acceptance of the request instead of rejection is erroneous.
3-) The employer of the employee working in the places subject to condominium ownership is the condominium owners, and the condominiums are equally responsible for the labor receivables. The management is in the position of acting employer. Although it is appropriate to open a case against the management, the judgment should be established against the floor owners in accordance with Article 20/a of the Condominium Ownership Law.
CONCLUSION: It was decided unanimously on 02.10.2017 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 if requested.
