Sample Supreme Court Decisions on the Statute of Limitations for Labor Receivables

Supreme Court Decisions

According to the expert report received by the court, the plaintiff has corrected his case in terms of overwork, bonuses, children, family, education, road, etc. they will receive fuel assistance. The defendant employer has defined the statute of limitations in the written objection petition he has filed against the reform. According to Article 126/3 of the Code of Obligations, lawsuits related to employee wages are subject to a 5-year statute of limitations. Overwork, bonuses, children, family, education, road, etc. are among these types of receivables that they will receive fuel assistance. For this reason, since they will receive overwork, bonuses, children, family, education, road and fuel assistance requested by the reform, the part that is outside the 5 years from the date of reform has expired. The work to be done by the court, reclamation demand and more work that does not expire, bonuses, children, family, education, roads and helps to burn, if necessary by taking additional report from expert witnesses should be determined and the result will occur in accordance with work overtime, bonuses, children, family, education, roads and fuel to take the help of a decision about what should be given. 9. HD. E. 2009/26776 2009/36953 K. 24.12.2009

…The plaintiff has proved that he worked too much during the period when he worked as a shipman before 19.11.2003 and that he was paid a voyage premium. The plaintiff has requested 100 TL overwork and 100 TT expedition premium in the lawsuit petition. The case was opened on 09.09.2005. Upon the calculation of the labor receivables by the expert, the plaintiff corrected his case on 17.4.2009. Upon this, the defendant party made a statute of limitations defense. According to both Article 126/3 of the abrogated Code of Obligations No. 818 and Article 147/1 of the Code of Obligations No. 6098, which entered into force on 01.07.2012, lawsuits related to employee wages are subject to a 5-year statute of limitations. It is from such receivables that they will receive overwork and expedition bonuses. For this reason, the part of the overtime work and expedition premium requested by the reform that is outside the 5 years from the date of correction and is more than the amount requested in the lawsuit petition has expired. The refusal of the 100 TL overwork requested by the court in the lawsuit petition and which is not subject to the statute of limitations and the 100 TL expedition bonus should be ruled out, while it should be ruled out. 9. HD. 2011/35376 E. 2013/28177 K. 05.11.2013

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