Precedent Decision on ‘Overtime Work’ Cases from the Supreme Court

It is a well-known fact that salaried employees in Turkey have to work overtime. Sometimes this issue is even It can also be the subject of various lawsuits.. In the last incident, a striking decision came from the Supreme Court. Supreme court, employee’s use in the workplace It is necessary to examine the hours when the computer is turned on and off. decreed.

A citizen working in the private sector, in his application to the Labor Court, paid the overtime wage he deserved between 1989 and 2013. not paid he filed a lawsuit. The lawyer of the defendant company, on the other hand, argued that a lot of time had passed since the incident and it was time-barred. It is also not acceptable to work between 09:00 and 22:00-23:00. The lawyer, who said that, argued that all the overtime wages that the employee deserved were paid at that time. The Labor Court, which examined the allegations, partially accepted the case.

Tried twice

The first lawsuit filed was appealed because the parties could not reach an agreement. 22nd Civil Chamber of the Supreme Courtdecided that a retrial was necessary. Thereupon, the process started again and appealed once again. The conflict is ultimately 9th Civil Chamber of the Supreme CourtHe went to his desk. As a result of the investigations, a precedent decision was made that concerns millions of citizens.

The 9th Civil Chamber of the Supreme Court of Appeals made a remarkable decision for the case in question. The high court claims in order to prove The plaintiff decided that the log records of the employee’s computer at work should be checked. Thus, the employee how many hours worked would have been clearly demonstrated. The following statements were included in the decision:

From the branch where the plaintiff works, the computers he used as of the periods he worked records showing opening and closing hours should be determined. When necessary, the expert should be given the authority to conduct an on-site investigation, and the workplace entry and exit and computer records, if any, overtime forms and precedent case files should be evaluated together with the statements of the plaintiff’s witnesses. A re-report should be obtained and a decision should be made according to the result, taking into account the principle of procedural vested rights. During the preparation of the report, it was stated that the log records were not in the file. In the expert report dated 05.01.2021, which was received later by the court, in the periods when log records were brought to the file between 28.01.2011 and 03.12.2013, according to the log records, between 24.12.2010-27.01.2011 the log records were recorded. does not exist detected. In this case, the court should make a decision without any reduction in terms of the period in which the calculation is made according to the log records in line with the expert report dated 05.01.2021, and by making an appropriate discount in terms of the period based on the witness statements. . to overturn the judgment of the court unanimously decided.