T.C. SUPREME
- law office
Base No:2007/14430
Decision No:2008/8214
Date of Decision: 11.04.2008
CASE OF EMPLOYEE RECEIVABLES – THE PLAINTIFF’S SPOUSE’S JOB, WHICH HE MARRIED
I CAME TO THIS CITY BY MARRYING BECAUSE I WAS IN ANOTHER PROVINCE
- THE REASON FOR THE CHANGE OF PROVINCE IS FROM MARRIAGE
- ACCEPTANCE OF THE CLAIMANT’S REQUEST FOR SEVERANCE PAY
REQUIREMENT
SUMMARY: The plaintiff said that his wife, whom he married, settled in this city by marrying because her job was in another province
it is expressed as follows. In this case, the reason for the change of province is due to marriage. When it happens like this
the claimant’s request for severance pay must be accepted.
(1475 P. K. m. 14)
Lawsuit: The plaintiff has requested that a decision be made on the payment of severance pay.
The local court dismissed the case.
Having been appealed by the plaintiff’s lawyer within the period of conviction, the examination for the case file
Judge Y. After listening to the report edited by Tekbas, the file was examined, as necessary, and
thought:
Decision: The petition that the plaintiff woman married on 02.08.2003 and filed with the employer on 21.08.2003
it is not a matter of dispute that he stated that he left his job due to a change of province.
The reason for the termination of the claimant’s request for severance pay by the court; The reason for the marriage in his petition
it has been decided to reject it on the grounds that it has not been shown.
14 of the Labor Code No. 1475. article 1 within 1 year from the date of marriage of the woman
according to the rule that severance pay will be paid if he terminates his contract at his own request
has been given. In a concrete case, the plaintiff marries because his wife’s job is in another province
he expresses that he has settled in the city. This situation is also the reason for the change of Province due to marriage. State
it has also not been claimed that the amendment and termination are based on any other reason.
According to the well-established case law of our department, the reason for termination can be explained in the lawsuit petition and the fact
the existence of the cause is determined by the court.
In this case, instead of accepting the claimant’s request for severance pay, a provision should be made in writing
is incorrect.
Conclusion: If the appealed decision is OVERTURNED for the reason written above, the appeal fee received in advance
if requested, the extradition to the relevant person was decided unanimously on 11.04.2008.
