The young man who resigned from a private company working for military service in Ankara stole his office door after six months of military service in the short term. The boss was shocked by the statement "We can not take you", and the young man breathed into the tenth Labor Court of Ankara. The court ruled in favor of an unacceptable genocide for the job that it had separated because of military service. The Court of Cassation, which had appealed against the decision on the instructions of the chief, broke the verdict of the court. The Court of Labor, which re-evaluated the case about the dismissal decision, came to the General Court of the Supreme Court of the Court of Appeal for the first time in the decision. The board annulled the decision of the court by drawing attention to the following statements in the labor law:
"Employees who have not been recruited from military service can not submit a reinstatement claim on the basis of the provisions of Article 18 of the labor legislation.If the employer does not start the job, the former employee who wishes to recruit will receive compensation for the salary of 3 The work can not be used because the work has been terminated due to military service and the work has not been suspended during the period of active military service and in this case the termination of the employment contract that does not exist as a result of military service by the employer The employment contract with military workers, compensation is considered, and not an administrative sanction, for the employer who fails to comply with his obligation to do so and does not engage in the circumstances in which he has the conditions, and the employer is even obliged to have an employment contract. when the conditions of Article 31 (31) i s met. If he does not fulfill his condition, the former employee who wishes to be hired pays a compensation on the quarterly salary. "
The General Assembly of the Supreme Court of the Supreme Court ruled that those who left their jobs because of military service could not benefit from job security. It was said:
"The work of the suspect's company started on the worksite of the suspect company on 09.03.2010 and was resolved on the letter of 31.07.2012 to be sent to the trade union on 31.07.2012 and the applicant resigned at the end of the working day on July 31, 2012. On this petition, In this way the employee of the prosecutor who completed the service after the end of the employment contract between the parties, demobilized on 01.02.2013 and dated on 21.01.2013 and registered on 31.01.2013 with the wish to enter the employer files on 23.01.2013 The applicant has not been recruited because of the & # 39; unsuitable & # 39; recitation of the petition.
In this case, Labor Law No. 4857/31/4. an employee who is separated from his / her job as a result of a military or legal duty, although the employer is obliged to recover it within the term set in his law, if the obligation is not fulfilled, the employer does not have the possibility to to accept a case for hiring the employee and the employer does not fulfill the legal obligation. it is not possible for the claimant to submit a claim for extradition. It is also not possible for the court to determine whether the employer of the defendant is not lawful to return to the military service as a defendant employee, by accepting the case made by the court with the request to return in contrary to the principle of "loyalty to the question" However, since the defendant is not regarded as a request for recruitment of the applicant, the plaintiff referred the employee to the 31st / 4th of the Labor Code No. 4857. it is necessary to open an EDA case with a claim of & # 39; compensation on quarterly wages & # 39; in accordance with the article. The ruling of the court was decided by a vote of unity. "
The bad news is that they will perform military service
The precedent of the Court of Cassation can not take advantage of the annual dismissal of the soldiers who have resigned and will not benefit from the company. According to data from the Ministry of National Defense, 357 thousand people served a military service. Lawyers, the Supreme Court with the final decision of the workplace due to dismissal of the military service as a result of the recruitment of employees in exchange for the case, can not open a business opinion söyledi.