With the decision of the Constitutional Court dated 26.07.2023 and file numbered 2023/43, decision numbered 2023/141; the 5th sentence of the 19th subsection of Article 253 of the Code of Criminal Procedure No. 5271 which states that “In case of agreement, no lawsuit for compensation will be filed due to the crime subject to investigation.” was annulled as it was found to be contrary to Articles 13 and 36 of…
Decision published in the Official Gazette dated 06.10.2023 and numbered 32331, In it’s decision published in the Official Gazette dated 06.10.2023 and numbered 32331, the Constitutional Court decided that the opinion of the 22nd Civil Chamber of the Supreme Court of Appeals, which stated that the lawsuits filed for the payment of labor receivables cannot be filed as unquantified debt cases, was a violation of the right to legal remedies….
In the Decision of the 9th Civil Chamber of the Court of Cassation dated 22.06.2023 and numbered 2023/10476 E. 2023/9999 K.; it has been decided by the court of first instance that in the dispute regarding the claim for employment receivables, the defendant and their non-party partner have been included in the case and have been held jointly and severally liable for the receivables that have been awarded as a…
“With The Decision of The Constitutional Court Dated 04/05/2023 Numbered 2022/62 E., 2023/89 K, regarding the seniority of press workers; it has been unanimously decided to annul the provision in the Articles 6/1 and 6/7/2 of the Press Law Numbered 212 which is “Seniority right is entitled journalists who have worked in the profession for at least five years … However, less than 6 months of service is not taken…
The decision to make payments of compensation and receivables due to the termination of the employment contract such as severance, notice and annual leave payments to the employee whose employment contract is ongoing through arbitrary meditation minutes results in contradiction. The payments made this way even though there is no termination process, will carry a nature of advance payment. Therefore the decision to annull the mediation report should be made.
Subsequent to the rejection of the request by the attorney of the creditor that the debtor’s previous (pasif) immovable records to be queried and recorded in the file, attorney of the creditor filed a lawsuit for the annulment of the relevant transaction. The court of first instance decided to reject the lawsuit, since the creditor’s attorney can request the investigation-query procedures for the collection of the receivable through the enforcement…
Decision of the 23rd Civil Chamber of the Court of Cassation Regarding Period of Limitation for the Recourse Lawsuits Filed Against Subcontractor by the Primary Employer In the decision of the 23rd Civil Chamber of the Court of Cassation which was published in the Official Gazette dated 28.12.2019, it has been decided that; “The recourse lawsuits filed against the subcontractor by the primary employer due to the payment made to…