T..C. SUPREME COURT
General Assembly of Law
Case No: 2006/9-479
DeciT.C. SUPREME CT.C. SUPREME COURT
General Assembly of Law
Case No: 2006/9-479
Decision: 2006/484
Decision Date: 28.06.2006
SUMMARY: Due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, a wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the spSUPREME.C.C.C. SUPREME COURT
General Assembly of Law
Case No: 2006/9-479
Decision: 2006/484
Decision Date: 28.06.2006
SUMMARY: Due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, a wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the specified labor rights and receivables, while resisting the previous decision is contrary to procedure and the law.
(4857 P. K. m. 32)
Case: At the end of the trial conducted due to the <claim> between the parties, Ankara 13thase: At the end of the trial conducted due to the <claim> between the parties, Ankara 13th Upon the request of the parties’ attorneys to review the decision of the Labor Court dated 22.09.2005 and numbered 2005/750-945, At the end of the trial conducted due to the <claim> between the parties, Ankara 13th Upon the request of the parties’ attorneys to review the decision of the Labor Court dated 22.09.2005 and numbered 2005/750-945, which partially accepted the case, the decision was sent to the Supreme Court 9th Chamber. With the decision of the Legal Department dated 31.01.2006 and numbered 2005/34921,2006/1842,
(…At the point of determining the monthly wage of the plaintiff employee, it was stated in the earlier decision of our department that a wage investigation should be conducted from the relevant professional organization, and the aforementioned decision of violation was complied with by the court….At the point of determining the monthly wage of the plaintiff employee, it was stated in the earlier decision of our department that a wage investigation should be conducted from the relevant professional organization, and the aforementioned decision of violation was complied with by the court. The article about the plaintiff’s monthly salary was asked from a statement established by employees in private tutoring institutions and the conclusion was reached according to the article received. The wage research has not been conducted from the relevant professional organization, and the content of the decision to disrupt has not been fulfilled.
The issue should be asked from the Union of Private Tutoring Institutions (Ozdebir), which is the relevant professional organization, and a decision should be made by evaluating all the evidence in the file together …),
The grounds were overturned and the file was returned to its place, and at the end of the retrial, the court resisted the previous decision.e issue should be asked from the Union of Private Tutoring Institutions (Ozdebir), which is the relevant professional organization, and a decision should be made by evaluating all the evidence in the file together …),
The grounds were overturned and the file was returned to its place, and at the end of the retrial, the court resisted the previous decision.
After it was understood that the decision to resist was appealed during the examination by the General Assembly of Law and the papers in the file were read, the necessity was discussed:
Pay Decrees: There is a dispute between the parties regarding the wages paid to the claimant employee.
In disputes that may arise between the parties to the employment contract regarding the amount of wages, the actual wage can be proven with any evidence.n disputes that may arise between the parties to the employment contract regarding the amount of wages, the actual wage can be proven with any evidence. It can be proved that the wage written in the employee’s signature or service contract is not real with evidence such as money receipts, bank records, commercial book records, witness statements showing the monthly wage. In some cases, where it is not possible to determine the salary without leaving room for doubt with the available evidence, it can also be determined by asking the relevant professional organizations, specifying the work done by the plaintiff, the duration of service and other determining characteristics.In some cases, where it is not possible to determine the salary without leaving room for doubt with the available evidence, it can also be determined by asking the relevant professional organizations, specifying the work done by the plaintiff, the duration of service and other determining characteristics.
However, the wage amounts reported by professional organizations are not binding on the parties and the court and must be supported by other information and documents.
For the stated reasons, due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the specified labor rights and receivables, while resisting the previous decision is contrary to procedure and the law.he stated reasons, due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the specified labor rights and receivables, while resisting the previous decision is contrary to procedure and the law. The decision to resist should be overturned due to the reasons stated.
Conclusion: Acceptance of the appeal objections of the defendant’s attorney and reversal of the decision of resistance due to the reasons stated above and in the decision of reversal of the special chamber, in accordance with Article 429 of the HUMK.lusion: Acceptance of the appeal objections of the defendant’s attorney and reversal of the decision of resistance due to the reasons stated above and in
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