JOINT STOCK COMPANY

A type of company that is established for the purpose of operating a commercial business under a trade name, has a capital that is divided into shares and is responsible only for its assets for its debts.JOINT STOCK COMPANY

A type of company that is established for the purpose of operating a commercial business under a trade name, has a capital that is divided into shares and is responsible only for its assets for its debts. TCC.329

Shareholders are only responsible for the capital shares they have committed to and towards the company.(TTC.329/2)

A Joint Stock Company is established in two ways, sudden and gradual. Paying paid in full of the partnership capital of the founding partners at the beginning is called ”sudden establishment“, paying part of the partnership capital of the founding partners and applying to the public for the remaining part is called ”gradual establishment”.t Stock Company is established in two ways, sudden and gradual. Paying paid in full of the partnership capital of the founding partners at the beginning is called ”sudden establishment“A Joint Stock Company is established in two ways, sudden and gradual. Paying paid in full of the partnership capital of the founding partners at the beginning is called ”sudden establishment“, paying part of the partnership capital of the founding partners and applying to the public for the remaining part is called ”gradual establishment”.

* It has a wide field of activity with the ability to do all kinds of economic and commercial activities. However, this activity must be included in the company’s articles of association.
* It can be established between legal entities, as well as between real persons and legal entities.
* At least 5 natural or legal persons are required for the establishment of a Joint Stock Company.At least 5 natural or legal persons are required for the establishment of a Joint Stock Company.
* The capital, all of which is pledged in the articles of association, cannot be less than TL 50 thousand, and the initial capital cannot be less than TL 100 thousand in non-public joint stock companies that have accepted the registered capital system, which shows the ceiling of authority granted to the board of directors in raising capital.

* The capital of the Joint Stock Company is divided into shares whose value is equal to each other. Shares of a Joint Stock Company may be printed in the form of negotiable securities shares. It is possible to issue Joint Stock Company shares as registered or bearer shares.capital of the Joint Stock Company is divided into shares whose value is equal to each other. Shares of a Joint Stock Company may be printed in the form of negotiable securities shares. It iThe capital of the Joint Stock Company is divided into shares whose value is equal to each other. Shares of a Joint Stock Company may be printed in the form of negotiable securities shares. It is possible to issue Joint Stock Company shares as registered or bearer shares.

* In Joint Stock Companies, decisions are taken by majority vote unless a different voting ratio is foreseen. However, the Turkish Commercial Code also includes aggravated rates in some cases.
* The body that undertakes the duty of representing and binding the company in Joint Stock Companies is the Board of Directors. The Board of Directors consists of at least three members.

In the law, a joint stock company is defined as ”a company whose capital is certain and divided into shares, which is responsible only for its assets due to its debts”, it is stipulated that shareholders will be responsible only for the capital shares they have committed and against the company (YTTK art.n the law, a joint stock company is defined as ”a company whose capital is certain and divided into shares, which is responsible only for its assets due to its debts”, it is stipulated that shareholders will be responsible only for the capital shares they have committed and against the company (YTTK art. 329).

For the establishment of a joint stock company under the TCC, it is sufficient that one or more founders exist (New TCC Art.338).

Share transfer is easy in joint stock companies. It is transferred as a security. Shares received in return for capital contributed in kind (goods, equipment) during the establishment cannot be sold unless two years have passedShare transfer is easy in joint stock companies. It is transferred as a security. Shares received in return for capital contributed in kind (goods, equipment) during the establishment cannot be sold unless two years have passed.Since joint stock companies print ste transfer is easy in joint stock companies. It is transferred as a security. Shares received in return for capital contributed in kind (goods, equipment) during the establishment cannot be sold unless two years have passed.Since joint stock companies print stocks, if they sell their shares after 2 years after the acquisition, the company’s partners will not be taxed due to the increase in value
Joint stock companies are corporate tax payers. The addressee of the tax is the company.
The right to issue shares and bonds is granted only to joint stock companies.
Joint stock companies have a legal personality. It takes place with the registration of a legal entity in the trade registry.
The liability of the joint stock company against its debts is limited to its assets.ock companies have a legal personality. It takes place with the registration of a legal entity in the trade registry.
The liability of the joint stock company against its debts is limited to its assets.
A joint stock company’s capital can be divided into shares and represented by shint stock companies have a legal personality. It takes place with the registration of a legal entity in the trade registry.
The liability of the joint stock company against its debts is limited to its assets.
A joint stock company’s capital can be divided into shares and represented by shares. A bearer share certificate cannot be issued unless the entire company capital has been paid in.
Even a single person can be on the board of directors, and a person appointed from outside can also be elected to the board of directors.
In a joint stock company, the partners are responsible to the company for the amount of capital they have committed.
Transfers of shares of a joint stock company do not need to be made in the presence of a notary public.
Transfers of shares of a joint stock company do not need to be registered in the Trade Registry and published in the trade registry gazette.Transfers of shares of a joint stock company do not need to be made in the presence of a notary public.
Transfers of shares of a joint stock company do not need to be registered in the Trade Registry and published in the trade registry gazette.
Partners in the joint stock company wTransfers of shares of a joint stock company do not need to be made in the presence of a notary public.
Transfers of shares of a joint stock company do not need to be registered in the Trade Registry and published in the trade registry gazette.
Partners in the joint stock company will be able to easily transfer the suppressed stock to others by turning it over and giving the stock to that person.
Shareholders of joint stock companies who are not members of the board of directors do not have responsibility for public debts.
Anonymous companies can go public and issue bonds to raise loans.
The books that anonymous companies are required to keep are as follows:
– Journal
– General ledger
– Inventory and balance sheet book
– General assembly decision book
– Board of directors decision book
– Shareholders Journal
– General ledger
– Inventory and balance sheet book
– General assembly decision book
– Board of directors decision book
– Sha– Journal
– General ledger
– Inventory and balance sheet book
– General assembly decision book
– Board of directors decision book
– Shareholders book
– Share register
– Bond register

A) Legal Conditions and Procedures Required for the Validity of Share Transfer in Joint Stock Companies
ARTICLE 338 (1) The existence of one or more founders who are shareholders is a prerequisite for the establishment of a joint stock company. the provision of Article 330 is reserved.

(2) If the number of shareholders decreases to one, the situation shall be notified to the board of directors in writing within seven days from the date of the transaction that gave rise to this result. The board of directors shall have the company registered and declared to be a joint stock company with a single shareholder within seven days from the date of receipt of the notification.If the number of shareholders decreases to one, the situation shall be notified to the board of directors in writing within seven days from the date of the transaction that gave rise to this result. The board of directors shall have the company registered and declared to be a joint stock company with a single shareholder within seven days from the date of receipt of the notification. In addition, if the company is established as a sole shareholder and the shares are concentrated in a single person, the name, place of residence and citizenship of the sole shareholder are also registered and declared. Otherwise, the shareholder who does not make the notification and the board of directors who do not have the registration and declaration done are responsible for any damage that may arise.

(3) The company cannot acquire its own shares as a sole shareholder; it cannot have them acquired.

B) Transfer of bearer(3) The company cannot acquire its own shares as a sole shareholder; it cannot have them acquired.

B) Transfer of bearer shares
ARTICLE 489- (1) The transfer of share c3) The company cannot acquire its own shares as a sole shareholder; it cannot have them acquired.

B) Transfer of bearer shares
ARTICLE 489- (1) The transfer of share certificates written to the bearer shall constitute a provision for the company and third parties only by the transfer of possession.

C) The principle of transfer of registered shares and share certificates
ARTICLE 490- (1) Registered shares may be transferred without any restrictions unless otherwise stipulated in the law or the articles of association.

(2) Transfer by legal action can be made by transferring the possession of the endorsed bearer share certificate to the transferee.

D) Limitation of transfer
I –(2) Transfer by legal action can be made by transferring the possession of the endorsed bearer share certificate to the transferee.

D) Limitation of transfer
I – Legal limitation

ARTICLE 491- (1) Registered shares, the price of which has not been fully paid, can only be purchased with thransfer by legal action can be made by transferring the possession of the endorsed bearer share certificate to the transferee.

D) Limitation of transfer
I Legal limitation

ARTICL) Transfer by legal action can be made by transferring the possession of the endorsed bearer share certificate to the transferee.

D) Limitation of transfer
I – Legal limitation

ARTICLE 491- (1) Registered shares, the price of which has not been fully paid, can only be purchased with the approval of the company; it turns out that the transfer, inheritance, the sharing of the inheritance, the provisions of the property regime between spouses or forced execution Decrees.

(2) The company may only refuse to approve if the acquirer’s payment capacity is doubtful and the security required by the company has not been provided.

II – Limitation by the articles of association

Principles
ARTICLE 492- (1) The articles of association may provide that registered shares may be transferred only with the approval of the company.

(2) This limitation shall also apply when establishing the usufruct right.ICLE 492- (1) The articles of association may provide that registered shares may be transferred only with the approval of the company.

(2) This limitation shall also apply when establishing the usufruct right.

(3) If the company has entered liquidation, the restrictions on transferability shall be dropped.

In joint stock companies, the transfer agreement for the transfer of bare shares does not have to be issued by a notary or notarized, and there is no need for the approval of other shareholders in order for the transfer to be recorded in the share ledger. In fact, it is not mandatory for the transfer of shares to be registered in the trade registry.n joint stock companies, the transfer agreement for the transfer of bare shares does not have to be issued by a notary or notarized, and there is no neHowever, if there is a special regulation in the articles of association of the joint stock company regarding the transfer of shares and shares, for example, if it is said that the decision of the board of directors is sought in the transfer of shares, it is subject to the fact that in order for the transfer of shares to be valid, it will be necessary to act in accordance with the provisions of the articles of association.

 

 

 

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The balance of the wage is demanded by filing a lawsuit in labor courts, like other labor receivables, and is a wage that can only be demanded by workers who work under a fixed-term employment contract.he balance of the wage is demanded by filing a lawsuit in labor courts, like other labor receivables, and is a wage that can only be demanded by workers who work under a fixed-term employment contract. The balance period fee may be requested if an employee working with a fixed-term employment contract is unjustifiably terminated by the employer before the end of this period.

A balance time fee is a type of fee that is undesirable by the employer. In other words, if the fixed-term employment contract is terminated by the employee for just or unfair reasons, the employer will not be able to file a lawsuit against the employee and claim the balance time wage from the employee. balance time fee is a type of fee that is undesirable by the employer. In other words, if the fixed-term employment contract is terminated by the employee for just or unfair reasons, the employer will not be able to file a lawsuit against the employee and claim the balance time wage from the employee. For these cases, this may be requested by the employer only if there is a punitive condition agreed in the employment contract.

How to Qualify for the Balance Time Fee?

In the event that a fixed-term employment contract exists between the employee and the employer, the parties are deemed to have suspended their termination will until the end of the contract. In fact, the Supreme Court is of this opinion and its decisions are in this direction In the event that a fixed-term employment contract exists between the employee and the employer, the parties are deemed to have suspended their termination will until the end of the contract. In fact, the Supreme Court is of this opinion and its decisions are in this direction. The subtlety here is that ”an employee working with a fixed-term employment contract should sign an employment contract by trusting the will of the parties”. Because the termination of this contract by the employer for an unfair reason will disrupt the economic situation of the employee and victimize the employee. The balance period fee is a regulated fee aimed at ensuring that this victimization is prevented at least a little bit.

What Will Happen If the Fixed-Term Employment Contract Is Terminated for a Valid Reason?

Although the concept of valid reason is controversial in fixed-term employment contracts, an employer cannot terminate a fixed-term employment contract based on a valid reason. Although the concept of valid reason is controversial in fixed-term employment contracts, an employer cannot terminate a fixed-term employment contract based on a valid reason. As we have stated above, t Although the concept of valid reason is controversial in fixed-term employment contracts, an employer cannot terminate a fixed-term employment contract based on a valid reason. As we have stated above, the Supreme Court accepts that in fixed-term employment contracts, the parties postpone their termination will until the end of the contract period and its decisions are in this direction. For this reason, in the event of termination of a fixed-term employment contract by the employer based solely on a valid reason without a justified reason, the employer is obliged to pay the employee a balance period fee.

Balance Time Fee Calculation

When calculating the balance time fee, the employee’s loss and gain are taken into account and the account in question is made in this way.alance Time Fee Calculation

When calculating the balance time fee, the employee’s loss and gain are taken into account and the account in question is made in this way. Although the employee suffers a financial loss due to the termination of his employment, he will also make a certain number of expenses due to his job during the time he continues his work. Here, this and similar expenses, income balances, pros and cons, the balance time fee is calculated and the balance time fee that the employee deserves is found.

The salary to be taken into account when calculating the balance time fee is the last gross salary. When calculating the balance time wage, if the employee who has been terminated has to work somewhere else, this wage is deducted from the balance time wage.The salary to be taken into account when calculating the balance time fee is the last gross salary. When calculating the balance time wage, if the employee who has been terminated has to work somewhere else, this wage is deducted froThe salary to be taken into account when calculating the balance time fee is the last gross salary. When calculating the balance time wage, if the employee who has been terminated has to work somewhere else, this wage is deducted from the balance time wage.

Interest on the Balance Period Fee

The balance time fee is considered as a compensation rather than the nature of the fee. Legal interest will be applied to the balance period fee due to its acceptance as compensation.

Statute of Limitations on Remaining Term Fee

Since the balance period fee is considered as compensation, the statute of limitations is 10 years in line with the general rules.

 

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T.C.

Supreme Court

9. law ofC.

Supreme Court

9. law T.C.

Supreme Court

9. law office

E. 2005/19254 – K. 2005/34532 – T. 25.10.2005

* FIXED-TERM SERVICE CONTRACT ( It is Necessary to Investigate Whether the Employee Who was Terminated Before His Term Worked at Another Workplace During the Balance Period, Whether He was C.

Supreme Court

9. law office

E. 2005/19254 – K. 2005/34532 – T. 25.10.2005

* FIXED-TERM SERVICE CONTRACT ( It is Necessary to Investigate Whether the Employee Who was Terminated Before His Term Worked at Another Workplace During the Balance Period, Whether He was Looking for a New Job and Whether He Had Income that He Deliberately Waived from Obtaining)

* BALANCE CONTRACT TERM FEE (It is Necessary to Investigate Whether He Works at Another Workplace During the Balance Period, Whether He is Looking for a New Job and Whether He Has Income that He Has Deliberately Waived from Obtaining)

* DISCOUNT CONDITIONS (The Balance to be Calculated by Taking into Account the Values Saved by the Employee Arising from the Inability to Work at the Workplace Subject to the Lawsuit Should be Discounted from the Contract Duration Fee)

818/m* DISCOUNT CONDITIONS (The Balance to be Calculated by Taking into Account the Values Saved by the Employee Arising from the Inability to Work at the Workplace Subject to the Lawsuit Should be Discounted from the Contract Duration Fee)

818/m.325

SUMMARY: The plaintiff requested that the decision be made to pay the compensation and wage receivables.UMMARY: The plaintiff requested that the decision be made to pay the compensation and wage receivables. An employee terminated before the term of a fixed-term service contract should be investigated whether he works at another workplace during the balance period, whether he is looking for a new job and whether he has income that he has deliberately waived, and the balance to be calculated should be deducted from the contract term fee, taking into account tARY: The plaintiff requested that the decision be made to pay the compensation and wage receivables. An employee terminated before the term of a fixed-term service contract should be investigated whether he works at another workplace during the balance period, whether he is looking for a new job and whether he has income that he has deliberately waived, and the balance to be calculated should be deducted from the contract term fee, taking into account the values that the employee has saved by not being able to work at the workplace subject to the lawsuit.

LAWSUIT : The plaintiff has requested that a decision be made to pay the compensation and wages he will receive.

The local court has partially ruled on the request. During the sentencing period, the file was examined by the plaintiff’s lawyer and the defendant, although the appeal was filed, the need was discussed and consideredThe local court has partially ruled on the request. During the sentencing period, the file was examined by the plaintiff’s lawyer and the defendant, although the appeal was filed, the need was discussed and considered:

DECISION : 1-According to the evidence collected in the articles in the file and the legally necessary reasons on which the decision is based, all of the defendant’s appeals and the plaintiff’s appeals that fall outside the scope of the following paragraph are out of place.

2-The plaintiff employee worked as a workplace physician and was terminated by the employer before the term of the fixed-term employment contract without a justified reason.-The plaintiff employee worked as a workplace physician and was terminated by the employer before the term of the fixed-term employment contract without a justified reason. The balance time fees were calculated by the expert witness according to the employment contracts p-The plaintiff employee worked as a workplace physician and was terminated by the employer before the term of the fixed-term employment contract without a justified reason. The balance time fees were calculated by the expert witness according to the employment contracts prepared between the parties to work at two different workplaces, and it was decided to partially accept the request by taking an estimated discount of 70% by the court. Dec. The court has not investigated whether the plaintiff worked at another workplace during the balance period and whether he had any other income-generating activities during this period, since the plaintiff is a doctor. Finally, it should be determined whether he is looking for a new job and whether he has income that he has deliberately waived to obtain, and finally, if the plaintiff has expenses that he avoids due to not working at the defendant’s workplace, these issues should be determined by determining 325 of the Code of Obligations.inally, it should be determined whether he is looking for a new job and whether he has income that he has deliberately waived to obtain, and finally, if the plaintiff has expenses that he avoids due to nFinally, it should be determined whether he is looking for a new job and whether he has income that he has deliberately waived to obtain, and finally, if the plaintiff has expenses that he avoids d

 

 

 

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Relationships, which have been evaluated within a wide spectrum from the earliest ages of human existence to the present day, and have become concrete as a reflection of culture, social environment and lifestyles of individuals, have a dynamic structure in today’s world. especially when the opportunities offered by the developing technology are used for the realization of socially undesirable behaviors, along with the alienation of individuals from each other and the sense of loyalty is not as important in people’s lives as it was perhaps centuries ago, they lose their value judgments and move away from their essence.

Infidelity, one of the most common reasons for the termination of marriages and relationships in recent times, is defined by most authorities as an immoral act, especially given the structure of Turkish society, it is one of the reasons for divorce, which people consider as a matter of honor and honor, as well as a form of behavior that damages their dignity.

Infidelity, which has many reasons such as decreased emotional attachment, loss of importance of loyalty and the inability to meet each other’s expectations due to some changes in people’s lives, is regulated in Article 161 of the Turkish Civil Code No. 4721 under the title of adultery.Infidelity, which has many reasons such as decreased emotional attachment, loss of importance of loyalty and the inability to meet each other’s expectations due to some changes in people’s lives, is regulated in Article 161 of the Turkish Civil Code No. 4721 under the title of adultery.it is a special and absolute reason for divorce regulated in the article. According to this, if one of the spouses commits adultery, the other spouse can file for divorce due to infidelity. Six months, starting from the wife who has the right to sue, learning the reason for divorce, and in any case, five years have passed since the adultery act, the right to sue is reduced, and the forgiving party does not have the right to sue.Six months, starting from the wife who has the right to sue, learning the reason for divorce, and in any case, fix months, starting from the wife who has the right to sue, learning the reason for divorce, and in any case, five years have passed since the adultery act, the right to sue is reduced, and the forgiving party does not have the right to sue.

As can be seen, the legislator has clearly stated that the deceived spouse has the right to file a divorce case. However, here, taking a clear stance on divorce is not enough for the judge to rule on divorce due to adultery, and the claim put forward must be proven before the court in order for the desired result to occur.

Most of the people who cheat are individuals who are aware of their actions, and the need to hide it due to human nature leads to some difficulties in terms of proving the deceived spouse. Persons can submit all kinds of documents such as photos, videos, sms recordings, letters written to a lover, movements in this direction on social networking sites to prove the existence of this action as evidence to the court, provided that they do not obtain it illegally. Again, the true and true statements of witnesses retain their importance in cases where deception is involved, but they have a full effect if they are also supported by other evidence.

It should be noted that the periods stipulated by the law, which are specified as six months starting from the learning of the adultery act and five years following the realization of the action in any case, are important in terms of accepting the divorce case to be filed based on this reason.t should be noted that the periods stipulated by the law, which are specified as six months starting from the learning of the adultery act and five years following the realization of the action in any case, are important in terms of accepting the divorce case to be filed based on this reason. In addition, in cases where the deceived spouse reveals that he forgives explicitly or tacitly, verbally or in the form of behavior, convincing evidence or witness statements lose their importance, which the judge expresses to decide on divorce based on the reason for infidelity. All evidence is eliminated when the statute of limitations has passed or when the cheated spouse forgives

 

 

 

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There must be a decision given by a foreign court regarding a civil case.
This foreign court decision must be finalized according to the law of the country in which it was given.
There must be no clear contradiction with public orderiven by a foreign court regarding a civil case.
This foreign court decision must be finalized according to the law of the country in which it was given.
There There must be a decision given by a foreign court regarding a civil case.
This foreign court decision must be finalized according to the law of the country in which it was given.
There must be no clear contradiction with public order.
There must be reciprocity with the country that issued the judgment whose recognition and enforcement is sought.
The right to apply should not be used in violation of the rule of honesty.

New Regulation For Divorcees Abroad
As a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by the competent and competent court within the borders of the Republic of Turkey. As a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by the competent and competent court within the borders of the Republic of Turkey.

However, decisions on divorce, separation and marriage granted abroad, the decision of a foreign coAs a rule, the recognition and enforcement of a decision on divorce cases issued by a foreign court is carried out by the competent and competent court within the borders of the Republic of Turkey.

However, decisions on divorce, separation and marriage granted abroad, the decision of a foreign court regarding Article 27 / A added to the Population Services Law No. 5490 by Decree Law No. 690 dated 17/04/2017, has been allowed to be registered in the authorized population register in the country. For this purpose, a number of conditions are listed in the relevant article of the law:

 

Conditions for Applying for Divorce Abroad to the Population and Operating
There must be a decision on divorce, separation, divorce of marriage or determination of marriage issued in a foreign country.Conditions for Applying for Divorce Abroad to the Population and Operating
There must be a decision on divorce, separation, divorce of marriage or determination of marriage issued in a foreign country.
This decision must be finalized according to the law of the country in which it was made.
The parties must participate together or through their representatives. Application together is essential.
The relevant decision must not be against Turkish public order.

As can be seen, before the aforementioned regulation was introduced, the persons requesting recognition and enforcement were required to apply to Turkish judicial authorities. In the current regulation, if the parties act together and the other conditions listed are met, a registration request can be made directly to the competent civil registry office.

In line with the above explanations, the recognition and enforcement of divorce, separation, divorce and marriage determination decisions, although they have been tried to make practical, are also likely to cause some problems.n line with the above explanations, the recognition and enforcement of divorce, separation, divorce and marriage determination decisions, although they have been tried to make practical, are also likely to cause some problems. That is, it will not always be possible for population directorates conducting administrative business and transactions to make a sound assessment of whether the conditions sought for recognition and enforcement have been met. For example, the determination that the decision made by a foreign court has been finalized according to the law of that country may take a long time to be determined by the population directorate, taking into account that there are different legal systems, or it may be determined incorrectly.or example, the determination that the decision made by a foreign court has been finalized according to the law of that country may take a long time to be determined by the population directorate, taking into account that there are different legal systems, or it may be determined incorrectly. Even judicial authorities need the reasoning of a judge and lawyer who specializes in foreign law and is experienced in evaluating a decision obtained from a foreign court.

While the detection of a violation of public order is also a matter that can only be appreciated by the judicial authorities, the enforcement of such a provision added to the legislation is likely to lead to unhealthy consequences.

Authorized population directorates, Law No. 5490 m.hile the detection of a violation of public order is also a matter that can only be appreciated by the judicial authorities, the enforcement of such a provision added to the legisWhile the detection of a violation of public order is also a matter that can only be appreciated by the judicial authorities, the enforcement of such a provision added to the legislation is likely to lead to unhealthy consequences.

Authorized population directorates, Law No. 5490 m. As stated in 27/A/4, it will be determined by the regulation on procedures and principles to be issued by the Ministry of Interior, and this regulation has not been published yet.

 

What Should Be Done If the Request to Operate the Divorce Abroad to the Population is Rejected?
If the request for registration of divorce, separation, divorce and determination of marriage decisions is rejected on the grounds that the conditions listed in the article of the Law are not met, the parties will be able to request recognition and enforcement of the relevant decision through a lawsuit in accordance with the provisions of the Law No. 5718 on Private International Law and Procedural Law.

Accordingly, one of the parties whose request has been rejected by the population directorate will be able to file a divorce recognition or recognition-enforcement case in one of the courts of Istanbul, Izmir, Ankara, or the place of residence in Turkey of the person whose enforcement is requested against him, this is where he is a resident, this is where he is.dingly, one of the parties whose request has been rejected by the population directorate will be able to file a divorce recognition or recognition-enforcement case in one of the courts of Istanbul, Izmir, Ankara, or the place of residence in Turkey of the person whose enforcement is requested against him, this is where he is a resident, this is where he is. The court in charge of these cases will be the family court.

 

 

Who Can Apply to Register a Divorce Abroad in the Population Registry?
In accordance with the explicit wording of the article of the law, the participation of the parties together or through their representatives is stipulated. However, the current regulation does not answer who has the authority to apply if the parties are not right.

The operations of the population directorate are administrative in nature.he operations of the population directorate are administrative in nature. Since it is not possible for an authority conducting administrative business and transactions to determine legal benefits, if one of the parties is not alive, divorce, separation, divorce and marriage determination decisions issued abroad will not be registered directly in the population register in accordance with article 27 /A of Law 5490, recognition and enforcement proceedings will have to be filed in population directorate are administrative in nature. Since it is not possible for an authority conducting administrative business and transactions to determine legal benefits, if one of the parties is not alive, divorce, separation, divorce and marriage determination decisions issued abroad will not be registered directly in the population register in accordance with article 27 /A of Law 5490, recognition and enforcement proceedings will have to be filed in the competent Family Court in accordance with the provisions of the MOHUK.

 

What are the Required Documents for the Registration of a Foreign Divorce in the Population Registry?
Includes the request for registration of the relevant foreign court divorce decision in the population register petition/Printed form issued by the Ministry
The original and approved copy of the divorce decision of the foreign court whose registration is requested Includes the request for registration of the relevant foreign court divorce decision in the population register petition/Printed form issued by the Ministry
The original and approved copy of the divorce decision of the foreign court whose registration is requested
A notarized or consular-approved translation of the foreign court dudes the request for registration of the relevant foreign court divorce decision in the population register petition/Printed form issued by the Ministry
The original and approved copy of the divorce decision of the foreign court whose registration is requested
A notarized or consular-approved translation of the foreign court divorce decision whose registration is requested
Indicates that the decision of the foreign court whose registration is requested has been finalized, the original of the approved document
Indicates the finalization of the approved translation of the approved document

 

What Can Be Done If The Parties Cannot Apply Together For the Operation of the Divorce Abroad?
If the parties or their lawyers cannot apply to the authorized Population Directorate or consulate together, or if joint action is not possible, divorce recognition and enforcement cases must be opened abroad in accordance with the provisions of the MOHUK.If the parties or their lawyers cannot apply to the authorized Population Directorate or consulate together, or if joint action is not possible, divorce recognition and enforcement cases must be opened abroad in accordance with the provisions If the parties or their lawyers cannot apply to the authorized Population Directorate or consulate together, or if joint action is not possible, divorce recognition and enforcement cases must be opened abroad in accordance with the provisions of the MOHUK.

Since recognition and enforcement cases will not be filed and will not be subject to the statute of limitations in terms of legal benefits, it is possible to file these cases no matter how long it has been since the judgment was issued abroad.

Recognition and enforcement cases will be considered subject to a simple trial procedure.

The decisions of divorce, separation, divorce and determination of marriage obtained from abroad upon the recognition and enforcement decision issued by the competent Family Court shall also have the nature of final judgment in Turkey and shall be enforceable.

 

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We have made detailed information about the fact that the recognition and enforcement of divorce decisions made abroad are legally required, that the parties continue to appear married to the Turkish authorities if the recognition and enforcement case has not been filed, and that their legal inheritance status continues in our other articles on the recognition and enforcement of divorce decisions on our website.

Although we have emphasized enough that the case is highly likely to be dismissed without providing the mandatory documents for the recognition and enforcement of the case in terms of the International Private Law and Procedural Law Jul, we believe that it would be useful to state with an exemplary Supreme Court decision due to the questions raised.though we have emphasized enough that the case is highly likely to be dismissed without providing the mandatory documents for the recognition and enforcement of the case in terms of the International Private Law and Procedural Law Jul, we believe that itAlthough we have emphasized enough that the case is highly likely to be dismissed without providing the mandatory documents for the recognition and enforcement of the case in terms of the International Private Law and Procedural Law Jul, we believe that it would be useful to state with an exemplary Supreme Court decision due to the questions raised.

Below we share the decision, which includes the opinion of the relevant legal department of the Supreme Court of Cassation, on the fact that the mandatory documents required for the recognition and enforcement of divorce are not provided with a list Jul.

RECOGNITION-WHAT DOCUMENTS ARE REQUIRED TO OPEN AN ENFORCEMENT CASE?

The original of the foreign court decision (divorce decision).
An annotation or document and apostille showing thatoriginal of the foreign court decision (divorce decision).
An annotation or document and apostille showing that the foreign court’s divorce decision has become final.
The divorce decision given bThe original of the foreign court decision (divorce decision).
An annotation or document and apostille showing that the foreign court’s divorce decision has become final.
The divorce decision given by the foreign court must be translat

 

 

 

 

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We have made detailed information about the fact that the recognition and enforcement of divorce decisions made abroad are legally required, that the parties continue to appear married to the Turkish authorities if the recognition and enforcement case has not been filed, and that their legal inheritance status continues in our other articles on the recognition and enforcement of divorce decisions on our website.

Although we have emphasized enough that the case is highly likely to be dismissed without providing the mandatory documents for the recognition and enforcement of the case in terms of the International Private Law and Procedural Law Jul, we believe that it would be useful to state with an exemplary Supreme Court decision due to the questions raised.though we have emphasized enough that the case is highly likely to be dismissed without providing the mandatory documents for the recognition and enforcement of the case in terms of the International Private Law and Procedural Law Jul, we believe that itAlthough we have emphasized enough that the case is highly likely to be dismissed without providing the mandatory documents for the recognition and enforcement of the case in terms of the International Private Law and Procedural Law Jul, we believe that it would be useful to state with an exemplary Supreme Court decision due to the questions raised.

Below we share the decision, which includes the opinion of the relevant legal department of the Supreme Court of Cassation, on the fact that the mandatory documents required for the recognition and enforcement of divorce are not provided with a list Jul.

RECOGNITION-WHAT DOCUMENTS ARE REQUIRED TO OPEN AN ENFORCEMENT CASE?

The original of the foreign court decision (divorce decision).
An annotation or document and apostille showing thatoriginal of the foreign court decision (divorce decision).
An annotation or document and apostille showing that the foreign court’s divorce decision has become final.
The divorce decision given bThe original of the foreign court decision (divorce decision).
An annotation or document and apostille showing that the foreign court’s divorce decision has become final.
The divorce decision given by the foreign court must be translat

 

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SUPREME COURT 2. law office

Originally : 2010/15094SUPREME COURT 2. law office

OriginalSUPREME COURT 2. law office

Originally : 2010/15094

Verdict : 2011/4618

Date : 15.03.2011
ME COURTThe request for enforcement of the divorce decree of a Foreign Court must be accompanied by the original and approved translation of the foreign court Decree duly approved by the authorities of that country, as well as a translation approved by the authorities of that country in writing or document indicating that the decree has been finalized and duly approved by the authorities of that country.st for enfohe request for enforcement of the divorce decree of a Foreign Court must be accompanied by the original and approved translation of the foreign court Decree duly approved by the authorities of that country, as well as a translation approved by the authorities of that country in writing or document indicating that the decree has been finalized and duly approved by the authorities of that country.

CASE AND VERDICT

At the end of the reasoning of the case between the parties, the Decriminalization of the judgment given by the local court and the date number shown above in the interest of the law was requested by the Chief Public Prosecutor of the Supreme Court of Appeals upon the letter of the Ministry of Justice, the document was read and discussed and considered as necessary.

SUPREME COURT 2. DECISION OF THE LEGAL DEPARTMENTUPREME COURT 2. DECISION OF THE LEGAL DEPARTMENT

It is understood that in the case filed by the plaintiff’s attorney, the Germany-Alfeld (Lein) Magistrate’s Court requested a decision on the enforcement of the divorce decision dated 8/9/2005 and numbered 6F 366/04 S, as a result of the court’s trial, it was decided to accept the case, the verdict was finalized without appeal.

Article 37 of the Law No. 2675 on Private International Law and Procedure in force at the date of the decision.rticle 37 of the Law No. 2675 on Private International Law and Procedure in force at the date of the decision. Although the documents to be attached to the enforcement petition are specified in the article, according to this provision, the translation of the foreign court decision duly approved by the authorities of that country, which indicates that the decision has been finalized, and the translation approved by the authorities of that country in writing or document, must be attached to the petitcle 37 of the Law No. 2675 on Private International Law and Procedure in force at the date of the decision. Although the documents to be attached to the enforcement petition are specified in the article, according to this provision, the translation of the foreign court decision duly approved by the authorities of that country, which indicates that the decision has been finalized, and the translation approved by the authorities of that country in writing or document, must be attached to the petition, it was also not found correct to be satisfied with a PHOTOCOPY by not complying with these considerations.

result

427/6 of the Civil Procedure Code of the Chief Public Prosecutor’s Office of the Supreme Court of Cassation. with the acceptance of the request to overturn for the benefit of the law based on its article for the explained reason, it was decided unanimously that the provision would not be effective for the result ( to be OVERTURNED ).

 

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The birth of valid reasons for the employer to dismiss the employee and not pay compensation does not automatically terminate the employment contract.irth of valid reasons for the employer to dismiss the employee and not pay compensation does not automatically terminate the employment contract. The employer’s termination of the employment contract of the employee  (termination of the employment contract for jushe birth of valid reasons for the employer to dismiss the employee and not pay compensation does not automatically terminate the employment contract. The employer’s termination of the employment contract of the employee  (termination of the employment contract for just cause) terminates the contract with a unilateral declaration of will. The party in whose favor this right arises (the employee or the employer) must exercise this right. The party wishing to exercise this right must make the notification of termination in writing and clearly state the reason for termination.

The reasons for dismissing an employee without compensation (termination with just cause) regulated by the law are as follows;

DISMISSING THE EMPLOYEE WITHOUT COMPENSATION DUE TO HEALTH REASONS
The worker’s illness or disability due to his own faulty action is regulated under the heading of health reasons.ISMISSING THE EMPLOYEE WITHOUT COMPENSATION DUE TO HEALTH REASONS
The worker’s illness or disability due to his own faulty action is regulated under the heading of health reasons. Accordingly, if the employee suffers from an illness or disability that will arise from his caste or uncluttered life or from a fondness for drinking, the eISMISSING THE EMPLOYEE WITHOUT COMPENSATION DUE TO HEALTH REASONS
The worker’s illness or disability due to his own faulty action is regulated under the heading of health reasons. Accordingly, if the employee suffers from an illness or disability that will arise from his caste or uncluttered life or from a fondness for drinking, the employment contract may be terminated by the employer if the absence that will arise for this reason lasts for more than 3 consecutive working days or 5 working days in a month. Dec. Indulging in nightlife can be an example of not being tidy.

The employee’s illness, which cannot be cured, is for health reasons. The proof that the incurable disease that the employee is suffering from causes an inconvenience in working at the workplace is made by the Health Board. In this case, the employee will not be excused.

Illness, accident, childbirth or pregnancy without the worker’s fault is the last health reason.llness, accident, childbirth or pregnancy without the worker’s fault is the last health reason. If the employee is perfectly healthy but suffers from an illness or accident, or experiences pregnancy or childbirth, the employer’s right to terminate arises after these situations exceed the notification periodllness, accident, childbirth or pregnancy without the worker’s fault is the last health reason. If the employee Illness, accident, childbirth or pregnancy without the worker’s is the last health reason. If the employee is perfectly healthy but suffers from an illness or accident, or experiences pregnancy or childbirth, the employer’s right to terminate arises after these situations exceed the notification periods specified in HR 17 by 6 weeks, depending on the employee’s length of service at the workplace. In case of birth and pregnancy, this period starts from the expiration of the 16-week periods prescribed by law.

DISMISSING AN EMPLOYEE WITHOUT COMPENSATION DUE TO VIOLATION OF MORAL AND GOOD FAITH RULES
Fraudulent behavior on the part of the employee constitutes a violation of moral and good faith rules. If the employee claims to have qualifications that he did not have at the time the employment contract was established, or misleads the employer by giving false information, this constitutes a just cause for terminationraudulent behavior on the part of the employee constitutes a violation of moral and good faith rules. If the employee claims to have qualifications that he did not have at the time the employment contract was established, or misleads the employer by giving false information, this constitutes a just cause for termination for the employer. This deception should be made on the essential points of the contract. Cheating should be done for the purpose of establishing a contract.

Words and actions of the employee that damage the honor and dignity of the employer are among the behaviors that do not comply with moral rules.ords and actions of the employee that damage the honor and dignity of the employer are among the behaviors that do not comply with moral rules. If the employee says words or acts that will touch the honor and honor of one of the employer’s family members besides the employer, or makes unfounded denunciations and accusations that are offensive to the honor and dignity of the employer, it is a reason for termination with just cause.

The fact that an employee sexually harasses another employee is a justified reason for termination due to non-compliance with the code of ethics. The harassment in question does not necessarily have to be carried out at work. Even if it takes place outside the workplace in terms of shaking up the order, it is a justified reason for termination.

The worker’s harassment of the employer or his alcohol addiction are also reasons for termination due to violation of moral and good faith rules. If the worker harasses the employer or one of his family members or another worker, the employer can terminate the employment contract withoutarassment of the employer or his alcohol addiction are also reasons for termination due to violation of moral and good faith rules. If the worker harasses the employer or one of his family members or another he worker’s harassment of the employer or his alcohol addiction are also reasons for termination due to violation of moral and good faith rules. If the worker harasses the employer or one of his family members or another worker, the employer can terminate the employment contract without notice. There are no TCK requirements for harassment.  The harassment must be carried out by the worker himself. Harassment by the worker’s family does not constitute a reason for termination for just cause. For example, swearing is harassment. In addition, if the employee comes to the workplace drunk or taking drugs, or uses these substances at work, it is a justified reason for termination.

The worker’s behavior that does not comply with honesty and loyalty is also a reason for termination for just cause. Accordingly, the worker must engage in behavior that does not comply with honesty and loyalty, such as abusing the employer’s trust, stealing, or revealing the employer’s trade secretsker’s behavior that does not comply with honesty and loyalty is also a reason for termination for just cause. Accordingly, the worker must engage in behavior that does not comply with honesty and loyalty, as abusing the employer’s trust, stealing, or revealing the employer’s trade secrets. It is one of the situations that do not comply with the rules of morality and good faith. These situations are not specified in a limited number, but an example is given. For example, a guard worker sleeping on duty is not compatible with honesty. In these cases, there is often a violation of the fidelity obligation.

The fact that the employee commits a crime at work is also incompatible with the rules of morality and goodwill. For this reason, for a just termination, the employee must commit a crime at work that is punishable by imprisonment for more than 7 days and the punishment of which is not postponed.he fact that the employee commits a crime at work is also incompatible with the rules of morality and goodwill. For this reason, for a just termination, the employee must commit a crime at work that is punishable by imprisonment for more than 7 days and the punishment of which is not postponed. The employee must necessarily commit this crime at the workplace where he performs the act of working. If the penalty imposed for the crime is a judicial fine, this provision shall not be applied.

Absenteeism by the worker is also incompatible with the rules of morality and good faith.is also incompatible with the rules of morality and good faith. If the employee does not continue to work for 2 consecutive working days without taking leave from the employer or without a valid reason, or for 2 working days after any holiday day within a month,bsenteeism by the worker is also incompatible with the rules of morality and good faith. If the employee does not continue to work for 2 consecutive working days without taking leave from the employer or without a valid reason, or for 2 working days after any holiday day within a month, or for 3 working days in a month, it is a valid reason for termination for the employer. The aim is the stability of the working order, the continuous execution of the work. If the worker’s child did not come for reasons such as getting sick, testifying, the existence of the worker’s justified reason is mentioned. When the employee is based on a justified reason, he must also report the situation to the employer. However, if the worker cannot be expected to give notice in accordance with the rule of honesty, failure to give notice cannot be considered a reason for termination for just cause on the part of the employer.

Failure of the worker to perform his/her work also constitutes a violation of the rules of morality and good faithowever, if the worker cannot be expected to give notice in accordance with the rule of honesty, failure to give notice cannot be considered a reason for termination for just cause on the part of the employer.

Failure of the worker to perform his/her work also constitutes a violation of the rules of morality and good faith. If an employee insists on not doing the tasks he is assigned to do, even though he is reminded of them, it is a reason for termination for the employer for a just reason. The employer proves that the employee has been reminded of his duty. That is why it is useful to make the reminder in writing.

It is also against the rules of good faith for the worker to endanger the safety of the workplace and cause harm to the employer.t is also against the rules of good faith for the worker to endanger the safety of the workplace and cause harm to the employer. The situation that the employee endangers the safety of the job due to his own will or neglect of work, damages and losses machines, installations or other items and items that are owned or not owned by the workplace, but are available to him, to the extent that he cannott is also against the rules of good faith for the worker to endanger the safety of the workplace and cause harm to the employer. The situation that the employee endangers the safety of the job due to his own will or neglect of work, damages and losses machines, installations or other items and items that are owned or not owned by the workplace, but are available to him, to the extent that he cannot pay for the thirty-day amount of his salary, is regulated as the reason for the employer’s justified termination without notice. It is contrary to the duty of care. The defective behavior of the employee must be found, but it is not necessarily necessary that harm occurs due to this behavior.

The emergence of a compelling reason that prevents the employee from working at work for more than a week is another reason.he defective behavior of the employee must be found, but it is not necessarily necessary that harm occurs due to this behavior.

The emergence of a compelling reason that prevents the employee from working at work for more than a week is another reason. In case this reason arises, the employee is paid half a wage for each day during the 1-week waiting period. At the end of this waiting period, the employer is free to terminate the contract without notice. If the employer does not terminate the employment contract at the end of the period, the employment contract remains suspended.

IF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER.F THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER. THESE NOTIF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATIONIF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER. THESE NOTIFICATION PERIODS ARE;
a) 2 weeks for workers with seniority between 0-6 months,

b) 4 weeks for workers with seniority between 6 months and 1 and a half years,

c) 6 weeks for workers whose seniority is 1 and a half years- 3 years,

d)For workers whose seniority is more than 3 years, it is 8 weeks.

These periods will not be applied in case of immediate (noticeable) termination by the employer for just cause mentioned above.

HOW CAN AN EMPLOYEE BE TERMINATED WITHOUT COMPENSATION?
The employer who wants to terminate the employment contract for the reasons we mentioned above must make a termination declaration. The Supreme Court of Appeals is of the opinion that this declaration must be in writingmployer who wants to terminate the employment contract for the reasons we mentioned above must make a termination declaration. The Supreme Court of Appeals is of the opinion that this declaration must be in writing. The reason for termination must be stated in the declaration. The employer who wants to terminate based on actions that do he employer who wants to terminate the employment contract for the reasons we mentioned above must

 

 

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According to the Labor Law, the normal working time per week is set at 45 hours.According to the Labor Law, the normal working time per week is set at 45 hours.

Overtime refers to work exceeding 45 hours under the conditions written in the labor law, and overtime refers to work exceeding these periods and up to 45 hours in cases where the weekly working time is determined below 45 hours.

Accordingly, in a service contract where the weekly working hours are determined as 40 hours by contract, the hourly wage is increased by 25% for each hour until the weekly limit of 45 hours is reached.ccordingly, in a service contract where the weekly working hours are determined as 40 hours by contract, the hourly wage is increased by 25% for each hour until the weekly limit of 45 hours is reached. Every hour of work after the weekly limit of 45 hours is reached is considered overwork. In accordance with the regulation on overtime and overtime work related to the labor law, the wage to be given for each hour of overtime work is paid by increasing the amount per hour of the normal working wage by 50%. There is no difference in the calculation between making these shifts after the end of the work on weekdays or arriving on the weekend. Dec.There is no difference in the calculation between making these shifts after the end of the work on weekdays or arriving onis no difference in the calculation between making these shifts after the end of the work on weekdays or arriving on the weekend. Dec.

According to this, let’s determine the working hours as 40 hours per week bhere is no difference in the calculation between making these shifts after the end of the work on weekdays or arriving on the weekend. Dec.

According to this, let’s determine the working hours as 40 hours per week by contract, between 9.00 and 17.00 on weekdays.  The wage per hour will be reduced by 25% for overtime work up to 5 hours per week at the end of the work, and the wage per hour will be increased by 50% for overtime work after 45 hours.

Article 46 of the Labor Law according to article 63, employees are required to leave before the holiday day. provided that they have worked on the working days determined according to the article, they are given at least 24 hours of uninterrupted rest for a period of 7 days.

This is called a weekend. The law does not specify which day the weekend will be. Therefore, it is not mandatory to be Sunday, any desired day can be decidedhis is called a weekend. The law does not specify which day the weekend will be. Therefore, it is not mandatory to be Sunday, any desired day can be decided upon. If the employee has completed 45 hours of work before the week break, but is still working during the week break, he will be paid an increase by increasing the amount per hour of the normal working wage to be given for each hour of overtime by 50%.

In cases where the weekly working time is determined below 45 hours, work up to 45 hours will be considered as work with extra hours, and 25% more than usual will be paid for each extra hour of work. Because in this case, it does not matter in the calculation whether the shift is made on a weekday or on a week break.ses where the weekly working time is determined below 45 hours, work up to 45 hours will be considered as work with extra hours, and 25% more than usual will be paid for each extra hour of work. Because in this case, it does not matter in the calculation whether the shift is made on a weekday or on a week break. For example, the person came to work on the weekend and worked 8 hours, which is the daily working time. The total working time on weekdays corresponds to 40 hours. According to this, the first 5 hours of Saturday will work 25% more than her normal hourly rate, and in the remaining 3 hours, norma will receive 50% more of her hourly rate as overtime pay, since she has exceeded 45 hours.According to this, the first 5 hours of Saturday will work 25% more than her normal hourly rate, and in the remaining 3 hours, norma will receive 50% more of her hourly racording to this, the first 5 hours of Saturday will work 25% more than her normal hourly rate, and in the remaining 3 hours, norma will receive 50% more of her hourly rate as overtime pay, since she has exceeded 45 hours.

OVERTIME PAY CALCULATION
To explain the overtime pay calculation with an example, a worker who normally works 8 hours a day and earns 160 TL per day earns 20 TL per hour.  If he works 40 hours a week under a contract and works 5 days a week and will also work on a Saturday, the employee;

Since the 5 hours up to 45 hours will be mentioned as working more than the regular hours, the hourly wage will be 25TL with a 25% increase and he will earnSince the 5 hours up to 45 hours will be mentioned as working more than the regular hours, the hourly wage will be 25TL with a 25% increase and he will earn 125TL,

During the next 3 hours, it will be Since the 5 hours up to 45 hours will be mentioned as working more than the regular hours, the hourly wage will be 25TL with a 25% increase and he will earn 125TL,

During the next 3 hours, it will be calculated that the worker will earn 215 TL for that day in total, since the overtime wage will be 30 TL with an hourly increase of 50%, and it will be 90 TL in total.

WAGE OF AN EMPLOYEE WORKING ON HOLIDAYS
General holidays come into play on national holidays, New Year’s Day, public and religious holidays. According to the Labor Law, workers are paid the full wage for that day without any work on these holidays. If the worker does not take a holiday that day and works, he/she is also paid one day’s wage for eacheneral holidays come into play on national holidays, New Year’s Day, public and religious holidays. According to the Labor Law, workers are paid the full wage for that day without any work on these holidays. If the worker does not take a holiday that day and works, he/she is also peneral holidays come into play on national holidays New Year’s Day, public and religious holidays. According to the Labor Law, workers are paid the full wage for that day without any work on these holidays. If the worker does not take a holiday that day and works, he/she is also paid one day’s wage for each day worked. In other words, an employee working on a national holiday is entitled to receive 2 times his daily wage. In addition, if the weekly working period of 45 hours has been completed, he receives a daily working wage, which is a holiday wage, as well as an overtime wage of 50% per hour. Even if it doesn’t work, he will still receive his 1-day wage. For example, a worker who completes 45 hours of work and works on May 19th;

1-) the fee he will normally receive for a day’s work (let it be 160 TLFor example, a worker who completes 45 hours of work and workor example, a worker who completes 45 hours of work and works on May 19th;

1-) the fee he will normally receive for a day’s work (let it be 160 TL)

2-)plus one more daily fee due to working on Bayram (+160 TL)

3-) 50% more than the normal hourly rate within each hour after completing the 45 hours (for example, 50% more than 20 TL will be 30 TL per hour.)will receive.

If a national holiday or a holiday falls on a weekend and the worker does not work on that day, the worker is paid one day’s wage. Both the general holiday wage and the weekend wage are not paid together. However, if the worker works on that day, one day’s wage should be paid in addition to the overtime holiday or a holiday falls on a weekend and the worker does not work on that day, the worker is paid one day’s wage. Both the general holiday wage and the weekend wage are not paid together. However, if the worker works on that day, one day’s wage should be paid in addition to the overtime wage.

OVERTIME PAY CASE
As stated in the Labor Law, the total of overtime hours cannot exceed 270 hours in a year. The claim that it is excessive can be proven with a document.

Overtime work is often carried out without a written agreement or documentation by the employer. In other words, sometimes the worker works upon the verbal request of the employer and cannot even receive overtime payvertime work is often carried out without a written agreement or documentation by the employer. In other words, sometimes the worker works upon the verbal request of the employer and cannot even receive overtime pay. For this reason, employees are going to the lawsuit for the collection of employee receivables as of the period when they leave work. Overtime wages exceeding 5 years are not paid due to the objection of the opposing party during the litigation process due to the retroactive 5-year statute of limitations.

In the case of overtime pay that will be filed, if there is no payroll and documents signed by the employer regarding overtime, workplace entrance and exit records, if there are any, building entrance and exit records should definitely be used as evidence.n the case of overtime pay that will be filed, if there is no payroll and documents signed by the employer regarding overtime, workplace entrance and exit records, if there are any, building entrance and exit records should definitely be used as evidence. Because, although it is proved by a witness that he will receive overtime pay, it is only based on witness evidence without written documents, it is possible to make a fair deduction from the overtime pay determined to the local court by the case law of the Court of Cassation and to review the overtime pay calculated by an expert witness.

Therefore, when filing a lawsuit for overtime pay, it should first be investigated whether there is a written document that can be used to prove that overtime was done. Such as camera recordings, records of card entriesherefore, when filing a lawsuit for overtime pay, it should first be investigated whether there is a written document that can be used to prove that overtime was done. Such as camera recordings, records of card entries. If not, witnesses who have worked durinerefore, when filing a lawsuit f

 

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