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ACTION FOR OBJECTION TO INTEREST IN EXECUTIVE ORDERS
The debtor’s claim that excess interest and interest rate is requested in violation of the judgment in the proceedings is a complaint of violation of the judgment, and such complaints can be brought before the enforcement court indefinitely since they are related to public order. While a decision should be made by the court according to the result to be formed by examining the merits of the work, the rejection of the complaint over time is not correct.
YARGITAY 8th Civil Chamber Base: 2014/14330 Decision: 2014/14291 Decision Date: 07.07.2014
WHAT ARE THE INTEREST RATES ON EMPLOYEE RECEIVABLES?
Two types of interest are applied to the employee’s claims and compensation rights.
These; It is the legal interest and the highest interest on the deposit
1) For Severance Pay;
Compensation paid to the employee (to the heir in case of death of the worker) when the employment contract ends, in proportion to the period of employment (unless the worker agrees to pay in installments) is called severance pay. In order to receive severance pay, the employee must have worked for at least 1 year at the workplace.
In paragraph 11 of Article 14 of the former Labor Law No. 1475, the type of interest is stated as follows:
At the end of the case to be filed due to not paying the severance pay on time, the judge orders the payment of the highest interest applied to the deposit according to the unpaid period for the delay period.
The worker is entitled to severance pay when the employment contract expires. For this reason, the beginning of interest in severance pay is the date of termination of the employment contract or the date of death of the employee.
In the decision of the 12th Civil Chamber of the Supreme Court dated 09.02.2010;
“… In the decision made as a basis for follow-up, it was decided to collect the principal receivable of the seniority indemnity together with the highest deposit interest applied by the banks as of the date of termination of the contract. According to this, the decision should be made according to the result that will occur after determining the interest rate to be applied to the Severance Pay by asking the banks the highest interest rate (declared by the parties) actually applied to the deposit in one-year periods starting from the date of birth of the right … ”(M: 2009/21222 K: 2010 / 2528 09.02.2010)
In the decision of the 9th Civil Chamber of the Supreme Court of Appeals dated 17.01.2001;
“… It is seen that although interest must be paid from the date of termination of contract for severance pay, it is decided that it is wrong to decide on interest from the date of the case against the request and the law …” (E: 2001/321 and K: 2001/283 17.01.2001) Again, the 9th Civil Chamber of the Court of Cassation ‘ In the 30.05.2008 dated decision of;
“… While it was necessary to decide that the claimant’s realized difference severance payment will be executed with the highest deposit interest since the date of termination of the employment contract, the rejection of the request for interest due to illegal reasons was erroneous and required to be reversed …”
2) Because of the fee;
According to the law numbered 4857, “The highest interest rate applied to deposits is applied for wages not paid on the day.” (HR. M.34)
The wage stated in the article basically reflects the wage concept in a broad sense, however it is obvious that it also includes bonuses, bonuses, weekends, holidays and general holidays.
Interest rates applied by banks are determined in terms of one or a few months or one year. The maximum maturity can be 1 year. The highest interest rate is also applied to a one-year deposit. In this case, the interest to be applied for the wage will be applied, when the employer is reduced to default, the highest interest rate applied to the one-year deposit by the banks.
The decision of the 9th Civil Chamber of the Supreme Court of Appeals dated 01.11.2011 should be mentioned;
“… Regulations on interest are included in various provisions of the Labor Law No. 4857. Article 34 of the aforementioned law stipulates that the highest deposit interest will be applied for unpaid wages. The wage mentioned in the article is wage in a broad sense, and it includes wages for work, bonuses, premiums, gifts and similar payments as well as work, weekends, holidays and general holiday wages. As a rule, the employer should be defaulted in order to be entitled to interest in terms of wage receivables. However, if a payment day is clearly agreed in the individual or collective labor agreement, interest starts to accrue after the specified payment date. It is necessary to determine the highest interest rate applied to the deposit, regardless of private bank-public bank distinction, since it will receive wages … “(M: 2010/18973 K: 2011/42052)
In the decision of the 22nd Civil Chamber of the Supreme Court of Appeals dated 11.03.2014;
“… The court has ruled that a legal interest will be applied on overtime, national holidays and general holiday wage receivables. Although the legal interest has been requested for the receivables mentioned in the petition, it is the highest interest rate applied to the deposit, as regulated in Article 34 of the Labor Law numbered 4857, which should be understood from the expression of legal interest. For the aforementioned reason, it is necessary to decide to apply the highest interest rate applied to deposits on national holidays and general holiday wages due to overwork, it is wrong to decide to apply legal interest in writing. Decision making due to incomplete examination and incorrect evaluation due to the reasons written above necessitated disruption … ”
3) For Idle Time Fee As A Result Of Return To Work;
If the reemployment lawsuit is won, it is possible to decide on the determination of the idle time wage for up to 4 months with the result of this case. In order to benefit from the idle time wage right, it is stipulated that the worker must first apply to the employer for reinstatement. After this application, the idle time fee becomes due and the interest starts from this date if it is not paid. The highest interest applied to the deposit is applied to the idle time fee.
In the decision of the 9th Civil Chamber of the Supreme Court, dated 18.03.2009:
“… For wages and other rights for the idle period up to 4 months, calculations should be made according to the period fees following termination. The aforementioned credit becomes due when the employee applies for reinstatement. The special interest type mentioned in the 34th article of the Labor Law numbered 4857 should be applied for the wages and other rights for the idle period of up to 4 months determined by the reemployment lawsuit … ”(M: 2007/38730 K: 2009/7345 18.03 .2009)
Stj.Av.DILAN ECEM CEYLAN
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