Payment of Overtime Wages Prompt – Discretionary Discount Supreme Court Decision

T.C.
SUPREME
9. law office
E. 2017/6387
K. 2018/8929
T. 17.4.2018

* REQUEST PAYMENT OF OVERTIME PAY ( It Has Become a Stable Practice That a Reasonable Discount Should Be Made If the Overtime Work Is Calculated For a Long Time and the Amount Is High – The Discount Should Be Appreciated According to the Way the Employee Works And the Organization of the Work and the Amount of Overtime Calculated – A Discount Cannot Be Made at a Rate That Will Eliminate the Essence of the Right)

* DISCRETIONARY DISCOUNT (A Discretionary Discount Can Be Made in the Face of the Possibility of Not Being Able to Work From Time to Time for Reasons Such as Illness Excuse Leave Week Vacation, Since You Will Receive Overtime – An Excessive Discount of 50%, Affecting the Essence of the Right, Requires Disruption)

* REASONABLE DISCOUNT ( determined according to the witness statements of the plaintiff’s doing more work than is – an excuse that is going into overtime week vacation from time to time for reasons such as to allow Illness is unable to work against the possibility that the discount is accurate appreciation/right to affect the essence of more than 50% Discount is you can’t – it won’t affect the essence of the right by the court at the rate reduction should be a more reasonable )

485/m.41

SUMMARY: The case is related to the request for payment of overtime wages.

Witness statements are determined according to the plaintiff’s doing more work than going into overtime calculated the disease that is no excuse to let a vacation week and is unable to work for reasons such as the possibility that in the face of discretion from time to time, reduction in the essence of the right to affect 50% of isabetsiz is to have further reductions. The provision had to be overturned because the court had to make a more reasonable reduction in the rate that would not affect the essence of the right.

LAWSUIT: The plaintiff has requested that it be decided to pay overtime wages.

The local court has decided to partially accept the case.

Although the parties were appealed by their lawyers during the sentencing period, the report prepared by the Examining Judge for the case file was examined after the hearing, the file was discussed and considered as necessary:

DECISION: A-) Summary of the Plaintiff’s Claim:

The plaintiff’s attorney, the plaintiff defendant in the Bursa branch of the company 09.04.2007-working between the dates 10.09.2013 normal overtime 08:30-18:00 at night without rest, although the clock for the early shift between Dec 21:00/21:30 and ended at the payment has been receive overtime pay overtime by setting forth whether he wanted.

B-) Summary of the Respondent’s Response:

The defendant’s attorney stated that the plaintiff’s alleged overtime is contrary to the usual course of life, the plaintiff’s service contract is entitled wage 8.up to 3 hours of work daily and weekend overtime with the article to be made, accepting that is included in the fee: in addition to the outside of the monthly gross wage and the plaintiff as part of the work that I have done during certain periods of overtime that was paid in full, even if the plaintiff or is used to allow, payroll, overtime payments will correspond to the specified, arguing that the plaintiff had signed the payrolls indifferently and that the plaintiff’s request had expired, he requested the dismissal of the case.

C-) Summary of the Local Court Decision:

Based on the evidence collected and the expert report, the court decided to partially accept the case by making a 50% discount on the overtime calculated on the grounds that the defendant worked overtime during the period when he worked at the workplace, but there may be days when the plaintiff cannot work for reasons such as leave, excuses and illness.

D-) Appeal:

The parties appealed the decision.

E-) Justification:

1-) According to the articles in the file, the collected evidence 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 not in place.

2-) If the excess work is calculated for a long time and the amount is high, it has become a stable practice that the Court of Cassation should make a reasonable discount based on the presumption (if necessary, a discount) in recent years. The discount to be made should be appreciated according to the way the worker works and the arrangement of the work, as well as the amount of overtime work calculated. No reduction should be made at a rate that would eliminate the essence of the right (Supreme Court 9.HD. 21.03.2012 day, 2009/48913 E, 2012/9400 K)

A concrete dispute , the plaintiff doing more work is going into overtime calculated witness statements are determined according to the disease that’s no excuse to let a vacation week and is unable to work for reasons such as the possibility that in the face of discretion from time to time, reduction in the essence of the right to affect 50% of isabetsiz is to have further reductions. A more reasonable discount should be made by the court at a rate that does not affect the essence of the right.

CONCLUSION: It was unanimously decided on 17.04.2018 that the appealed decision would be OVERTURNED for the reason written above, and the appeal fee received in advance would be returned to the relevant person if requested.

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