Enforcement & bankruptcy · Legal information

In Which Order Is a Worker's Claim Read in a Concordat?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A worker's claim in a concordat is not the same line as the recording of an ordinary claim. Wages, severance, and notice pay are separate items. Which item stands in which order is read from the commissioner's list and from the decision. A privileged share is not built as a number in this note. The general account of recording is not carried here. A payroll or a termination document can be the basis of the claim. The document does not itself build the order.

The sentence of an ordinary record is not the worker's item

The writing of a supply relationship onto the list is under the recording of the claim. The worker's item is not built by changing the heading of that petition. An invoice statement is not pasted in place of the wage payroll. Even if they were put in the same envelope, the order of the two items does not become one. The name of concordat is in a separate note. The definition does not fill the worker's order. The word creditor in the definition does not slide the worker onto the supplier's line.

If a single amount was written, severance or notice pay that was not written is not assumed inside that amount. The number of the invoice line does not carry the order of the wages. The separation is not copied from the petition sentence of the ordinary record. The employer's current-account statement does not stand in for the time sheet. That the worker's name appears on the statement does not mean the wages were accepted on that statement. Acceptance is on the list's own line.

If the record of a sub-employer or of the principal employer is mixed, the mixed title is compared with the employer on the payroll. If the payroll carries another title, the title is not changed. If two titles stand, two records are written. One is not completed as the debt of the other. If the contract shows which company is the employer, that showing is read. If there is no contract, the title is not chosen by narration.

Wages, severance, and notice pay

Wages are read as the return for the period that was worked. Severance and notice pay are separate items tied to the end of the employment relationship. Overtime or unused leave is written separately too if it stands in its own document. The four items are not reduced to a single amount. One appearing on the list does not mean the other appeared. An item that does not appear is not treated as hidden inside the one that appears.

Which one stands on a separate line is read from the file. The measure of the privilege, and which period it covers, does not enter this note as a number. If a measure is written on the table, the measure is read from there. If it is not on the table, a measure is not produced. A secured claim and the worker's item are not melted in the same sentence. The rule of the pledge is not here. A mortgage document is not an annex of the wage payroll.

If the employment relationship continues, severance is not written as a finished item. If the relationship has ended, the end is read from the termination or the exit record. If there is no record, an end is not assumed. Whether notice pay was paid is looked for on its own line too. If a part of the wages was paid, the part that was paid does not close the severance. The slip shows the item in its description. If there is no description, the slip is not spread across all four items.

The order is read from the list

The order is read from the list the commissioner or the court wrote. Even if it was said orally that the worker would take first, the word is not the table. If the table put one item on an ordinary line and the other on a separate line, the two lines are kept. The reader does not pull the lines into a single order. If the list did not separate the worker's item at all, the separation is not made later in this note. The claim of separation is left to the list's own arrangement.

Whether the moratorium stopped the worker's proceeding is the subject of the moratorium note. This note does not tell that stay. The stay does not stand in for the order. The order does not stand in for the stay either. An employment proceeding on the enforcement file is not taken for the same number as the line on the concordat table. If the numbers are separate, they are written apart. A claim that became final on the enforcement file is not treated as itself put in the same place in the concordat. The place is read from the list.

If more than one worker stands on the same list, each worker's line is in their own name. One worker's acceptance does not cure the other's refusal. A collective amount is read one by one if the lines stand one by one. If there is no personal payroll outside the collective amount, a personal amount is not produced.

The payroll does not choose the place

A record of starting work, a wage payroll, a notice of termination, or mediation minutes can be a basis. The basis does not itself choose the place on the table. The amount in the minutes is not turned into another number on the list. If the amount is not in the document, a number is not added here. If there are three items in the document, three items are read. One is not erased and added to the other. The signature on the payroll is not the commissioner's signature of acceptance. If the commissioner's writing does not stand under the payroll, it does not stand.

If the time sheet shows overtime, it is read as far as it shows. If there is no time sheet, overtime is not assumed inside the wages. If there is no leave book, unused leave is not added. Wages that entered the bank account belong to the month they entered. A month that did not enter is not closed from the month that entered. Whichever month the account statement points to, that month is read. If there is no pointer, the statement is not spread across the whole working life.

The reason in the notice of termination does not choose the order of the claim. The reason can tell why the employment relationship ended. The telling does not itself write severance or notice pay onto the list. The writing is on the line of the list. If the worker objected, the objection is in its own minutes. If there are no minutes, the objection is not produced from the margin of the termination paper.

A ballot paper does not build the order

The worker is not told as if put in the same ballot box as an ordinary creditor. The vote and the project are a transaction separate from the table from which the order is read. The ballot paper is not built in this note. A measure that is not written on the paper is not added. That the worker's name appears on the paper does not mean the wages were accepted. That it does not appear does not mean the claim was refused. The vote is the voting of the project. The order is the line of the list. The two are not put in place of each other.

If the text of the project mentions a worker's item, the mention is limited to the item that was mentioned. The mention is not treated as having covered all the items of all the workers. If the project is silent, the silence does not mean the worker gave up. Giving up is a separate document. If there is no document, there is no giving up. The signature of a workers' representative does not close each worker's payroll one by one. The item that is closed is the item whose name appears in the document.

An enforcement number is not a table number

A labour judgment on the labour court or on the enforcement file is not itself the concordat table. If the operative paragraph of the judgment says an amount, the amount is read from that paragraph. The paragraph does not itself choose the order on the commissioner's list. If the list wrote another amount, the two amounts stand one under the other. The higher one is not announced as correct in this note. What is correct is left as the conflict of the two documents.

The annotation of finality belongs to the enforcement file. If there is no annotation, the judgment is not treated as final on the list. If there is an annotation, the annotation does not build the concordat order. If the request for enforcement asked for wages and severance in a single item, the request does not join the lines the list separated. If the list separated them, the separation is kept. If the list joined them too, the joining does not have the separate items on the payroll treated as absent. If the payroll is separate, it is read apart.

A union deduction is not itself the wages. If the deduction stands separately on the payroll, it is read apart. If it does not stand, the deduction is not added to the wage claim. If an item written as the employer's debt is mixed with the worker's net wages, the two lines are separated. If the separation is not in the document, an uncertain amount is not turned into a net in this note. Minutes of reinstatement do not themselves build the calculation of severance. If the minutes say a period was worked, that saying is read. If there is no saying, the period is not added.

An item given up in mediation is limited to the item whose name appears, if it appears in the minutes. Severance that does not appear is not treated as erased inside notice pay that does appear. If the list processed the giving up in the minutes separately, the processing is read. If it did not process it, the minutes are not treated as having corrected the list backwards. If there is a payroll for more than one period, each payroll stands on its own line. The last payroll is not treated as having closed the missing wages on the earlier payroll. If the missing part appears on its own payroll, it is read from there. A payment made to the worker by hand is not treated as entered if it was not entered on the payroll. A claim of a payment by hand is read from that paper if it stands on a signed paper. If there is no paper, the payment is not deducted from the list line. If the same worker has records of two workplaces, the records are kept apart. The exit from one workplace does not close the wages of the other. If the title on the exit document differs from the title on the payroll, the two titles are left one under the other. A similar title does not carry the worker's claim to the other company.

Conclusion

A worker's claim is not a copy of the sentence of an ordinary record. Wages, severance, and notice pay are read on their own line. The order comes from the list. A measure is not produced if it is not written on the table. The payroll does not choose the order. The frame sits on the enforcement and bankruptcy law page. The basis is the provisions of the Enforcement and Bankruptcy Code No. 2004. If the payroll and the table are to be asked about together, the place is the contact page.

Legislation

Frequently asked questions

Is a worker's claim recorded in the same sentence as an ordinary claim?

It is not recorded in the same sentence. How the general list is built sits on the recording of the claim page. The worker's item is not that text with the subject name changed. The rank is read from the worker's line's own place.

Is severance pay the same line as wages?

No. Wages, severance, and notice pay are separate items. One standing on the list does not itself write the other. Which item stands in which order is read from the table.

What is the rate of privilege?

There is no rate in this note. If the rate is written on the list or in the decision, it is read from there. If it is not written, a percentage is not added. A period is not added either.

Does the moratorium stop a worker's enforcement?

The question of the stay sits in the moratorium note. This note reads the order. That the proceeding stopped does not show in which order the worker stands.

Does the payroll itself choose the order?

No. The payroll can be the basis of the wages. The basis does not stand in for the order on the table. If there is an amount on the payroll, the amount is read from there. The order is still read from the list.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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