GPRS Records Counted as ‘Overtime Evidence’

9th Civil Chamber of the Supreme Courtresolved a dispute between the employer and the employee with a remarkable detail. In the statements made on the subject, GPRS records on phones It was also stated that it would be counted as evidence of overtime work. Moreover, this conclusion was reached unanimously. Let’s look at the details of that event together.

A citizen who works as a pharmaceutical and medical promotion agent, after leaving the job that you have overtime Put forward. The citizen who went to the Labor Court showed some evidence, including phone GPRS data. If the employer is saying that the employee does this for more premiums, it is called overtime. cannot be accepted Put forward. As a result of the examinations made by the Labor Court dismissal of the case It was decided. The citizen, who appealed the decision, was found right in the examination made by the 9th Civil Chamber of the Supreme Court.

“GPRS data is evidence”

As a result of the examinations of the 9th Civil Chamber of the Supreme Court of Appeals, according to precedent GPRS data can tell if a person is working overtime. The written statement on the subject included the following statements:

“The worker who claims that he has worked overtime has not denied this claim. burdened with proof. The payroll bearing the signature of the worker is in the nature of definitive evidence until its falsity is proven. In other words, unless the forgery of the payroll is claimed and proven, it is assumed that the overtime claim that appears on the signed payroll has been paid. In the concrete case, it is understood from the scope of the file that the plaintiff works with a fixed wage + quota-based premium method. Although the request was rejected by the court on the grounds that the plaintiff could not prove that he worked overtime, it is implicitly accepted by the defendant that the plaintiff’s overtime work was done in order to earn more premiums. In the 8th article of the employment contract signed with the claimant, there is a regulation that the employer will determine the working hours, and in the 12th article, the employee has to submit the visit plans to the employer and comply with it. The plaintiff’s phone as evidence, GPRS records, based on the reports and witness statements submitted to the employer, stated that when the phone GPRS records and reports are evaluated together, it will prove that it will take overtime work. The plaintiff’s witnesses are the people who saw the plaintiff on the day and time specified in his program, and the plaintiff meets with many doctors and pharmacists during the day for short-term promotion and sales purposes. Telephone GPRS records were not summoned, as the plaintiff’s witnesses had seen the plaintiff for a short time, their statements could not be respected, and in the defendant’s witness statements, the plaintiff’s working time was 44 hours and did not exceed the legal time. The refusal was inaccurate on the grounds that it could not be proved.. While the court should have made a judgment about overtime work by evaluating the phone GPRS records, vehicle records, weekly reports submitted to the employer and evaluating all the evidence together, which were reported in the evidence part of the plaintiff, the rejection of the request with a written justification was inaccurate. It was unanimously decided to overturn the appealed decision for the above-mentioned reason.“