Summary:
It is incorrect to calculate the SSI premium and unemployment insurance deductions that fall on the employee’s share during the conversion of gross receivables to net by an expert witness without taking into account the evil eye.
T.C.
Supreme
- law office
Base No:2014/14603
Decision No:2015/30987
K. Date:3.11.2015
The plaintiff has requested that it be decided that the permit fee will be paid.
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:
Y A R G I T A Y K A R A R I
A) Summary of the Plaintiff’s Request:
Plaintiff attorney petition, in summary, your client of the defendant University Press, a publishing house in 03.04.1990 started on 14.01.2013 continuously working till date, your client due to it being busy working life that does not use paid leave during citing; permit fee from the defendant is asked to decide on the collection.
B) Summary of Respondent’s Response:
The defendant has asked for the case to be dismissed.
C) Summary of the Decision of the Local Court:
Based on the expert report and the evidence collected by the court, the defendant with the plaintiff’s 02.04.1990 14.01.2013 running continuously between dates in the workplace, the permissions by using an annual in our court suing the plaintiff’s work during the period of annual uses the permissions of the defendant with a written document that it should be proven by the employer, however, where any document is not submitted by the employer of this agreement, the defendant, the plaintiff permissions used within the working time of the annual partial acceptance, on the grounds that it could not be proven that the case was decided.
D) Appeal:
The defendant appealed the decision.
Reason:
1-According to the articles in the file, the evidence collected 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 in place.
2- It is incorrect to calculate the SGK premium and unemployment insurance deductions that fall on the employee’s share during the conversion of gross receivables to net by the expert without taking into account the evil eye.
3- It is unfair that the court does not consider that the defendant university is exempt from tuition in accordance with Article 56 /b of the law No. 2547.
4- It is wrong to think that not specifying whether the amounts ordered are net or gross would cause hesitation in execution, and it required to be overturned.
F) The result:
It was unanimously decided on 03.11.2015 that the appealed decision should be OVERTURNED for the reasons written above.
