ANKARA – Within the Ministry of Health in Ankara 696 Salary lawsuit filed by a worker who was transferred from subcontractor to permanent staff with the Decree Law No., resulted in a decision that will enter the legal literature. Supreme Court, By examining the situation of workers who are members of two different unions in the same line of business, ruled that unions do not have the authority to sue and pursue under these conditions.
Litigation Process: “My Salary Was Under-Calculated” The claim
Olay, A worker working in a workplace affiliated with the Ministry of Health in Ankara, It started with him claiming that his salary was calculated to be low, contrary to the contract, after the recruitment process.. Worker, He went to court to collect his outstanding receivables..
Ankara 36. Labor Court, As a result of his investigations, he found the worker right and decided to pay the receivables in question.. But this decision; An appeal was filed by both the defendant Ministry of Health and two different unions of which the worker is a member..
The Appeal Found the Local Court Right
Ankara Regional Court of Justice, which examined the file 5. Legal Department, Not finding any unlawfulness in the local court's decision, it rejected the appeal applications of the parties.. While the decision was awaited, the file went to the Supreme Court for appeal review..
Supreme Court 9. Legal Department: “Tracking Authority Loses”
The Supreme Court, which examined the file 9. Legal Department, signed a precedent-setting overturning decision. The following technical detail came to the fore in the Supreme Court's reasoning for reversal::
Double Membership Obstacle: A worker being a member of more than one union at the same time in the same line of business, It undermines the unions' authority to take legal action.
Loss of Authority: Supreme Court, He pointed out that under these circumstances, the unions' authority to file a lawsuit and pursue the current case is legally reduced..
”If the worker is a member of two different unions in the same line of business, Unions do not have the authority to file or pursue lawsuits.”
Delete File Will Be Seen From the Beginning
Supreme Court, Due to this legal deficiency, it annulled the appeal decision and overturned the decision of the local court.. Ankara 36. File sent back to the Labor Court, It will begin to be seen again based on this procedural deficiency pointed out by the Supreme Court.. this decision, especially 696 It serves as a critical warning for thousands of workers who became permanent staff after the Decree Law no. and experienced similar processes..
