%0 Journal Article
%T THE LABOR COURTS DECISIONS GIVEN ON THE GROSS AMOUNT INSTEAD OF NET AMOUNT REGARDING EMPLOYEE¡¯S RECEIVABLES
%A Baki O£¿uz M¨¹LAY£¿M
%J -
%D 2018
%X The lawsuits about the employee's receivables take place between the employer and the employee. But the decisions of these lawsuits, besides the collection of the employee's receivables, has also indirect results. Income tax, stamp tax and insurance premium can be evaluated within this scope. In practice, at the lawsuits related to employee¡¯s receivables, the decision is given on over the gross or net amount. There is no special regulation on this subject at the Labor Courts Law No. 7036 or the Civil Procedure Law No. 6100. The Court of Cassation demands the decision to be given over on the gross amount in cases related to employee¡¯s receivables. Iftheparties do not requestthe net amount, the court decision will be given on gross amount. In this case, however, there are some problems in thestage of the execution of the receivables and in terms of premium collection. When the court decision is placed on thegross amount to the enforcement proceedings, the payment order is cancelled if the debtor applys to the execuation court. In cases where the lawsuits is opened over on a gross amount instead of a net amount, the amounts of the limits foreseen to appeal to the court decisions are changing. In addition, in this situations, the judging expenses are being taken more than it should be. The decision that is given on over the gross amount is incompatible with many aspects of the Law No. 6100
%K 7036 say£¿l£¿ Kanun
%K 5521 say£¿l£¿ Kanun
%K i£¿ mahkemeleri
%K br¨¹t ¨¹cret
%K net ¨¹cret.
%U http://dergipark.org.tr/inuhfd/issue/38129/471963