Decisions of the Supreme Court
According to the expert report received by the court, the plaintiff has corrected his case in terms of overwork, bonuses, children, family, education, road, etc. they will receive firewood assistance. The defendant employer has set the statute of limitations in the written objection petition it filed against the reclamation. According to Article 126/3 of the Code of Obligations, cases related to workers’ wages are subject to a 5-year statute of limitations. Overwork, bonuses, children, family, education, roads, etc. are among such receivables that they will receive firewood assistance. Therefore, since they will receive overtime work, bonuses, children, families, education, roads and firewood assistance requested by the reclamation, the part of the remaining 5 years left out of the reclamation date has been timed out. The work to be done by the court, reclamation demand and more work that does not expire, bonuses, children, family, education, roads and helps to burn, if necessary by taking additional report from expert witnesses should be determined and the result will occur in accordance with work overtime, bonuses, children, family, education, roads and fuel to take the help of a decision about what should be given. 9. HD. 2009/26776 E. 2009/36953 K. 24.12.2009
…The plaintiff has proved that he worked as a boatman before 19.11.2003 and that he was overworked and that he was paid an expedition premium. The plaintiff requested more than 100 TL of work and 100 TT of time premium in the lawsuit petition. The lawsuit was filed on 09.09.2005. Upon the calculation of labor receivables by the expert witness, the plaintiff corrected his case on 17.4.2009. In addition, the defendant party has defended the statute of limitations. According to Article 147/1 of both the Law No. 126/3 on Debts No. 818 of Mülga and the Law No. 6098 on Debts No. 147/1, which entered into force on 01.07.2012, cases related to workers’ wages are subject to a 5-year statute of limitations. It is one of these types of receivables that they will receive a bonus for overwork and expedition. For this reason, the portion of the excess work and expedition bonus requested by the reclamation that is outside the 5-year period from the reclamation date and is more than the amount requested in the lawsuit petition has been expired. While it should be ruled that they will receive a travel premium of 100 TL with more than 100 TL requested by the court in the case petition and not subject to the statute of limitations, their refusal is erroneous. 9. HD. 2011/35376 E. 2013/28177 K. 05.11.2013
