Precedent-Setting Ruling from the Court of Cassation Preventing Duplicate Payments in Employee Claims
The high court ruled that counting the 7.5 hours of work performed by employees working seven days a week during their weekly rest days toward both weekly rest pay and overtime calculations constitutes a double payment.
The 9th Civil Chamber of the Court of Cassation issued a new ruling, deeming it a double payment to include the 7.5 hours of work performed on weekly rest days for employees working seven days a week in both the weekly rest pay and overtime calculations.
Process of Application to the Court
Claiming he was unjustly dismissed, a master craftsman applied to the Labor Court demanding the payment of severance and notice indemnity, as well as annual leave, overtime, national holiday and general holiday, and weekly rest pay.
The worker claimed that his employment contract was wrongfully terminated and that he did not use his annual leave throughout his employment period.
Employer's Defense and Initial Decision
The defendant employer defended that the employment contract was terminated for a justified reason, that the worker did not work overtime, and that he used his annual leave, requesting the dismissal of the lawsuit.
The court of first instance ruled that the employer's termination was unjustified and accepted the claims for severance and notice indemnity; it also ruled that the claims regarding working and rest periods were deserved, thereby partially accepting the lawsuit.
Appeals and Cassation Stage
Following the appeal of the decision, the Regional Court of Justice lifted the first instance court's decision, issued a new ruling, and decided to accept the lawsuit.
Upon the defendant's appeal of the decision, the file came before the 9th Civil Chamber of the Court of Cassation.
Court of Cassation's Double Payment Assessment
The 9th Civil Chamber of the Court of Cassation pointed out that the worker's weekly rest pay was separately requested and adjudicated by the court.
Emphasizing that paying both weekly rest and overtime pay for the same working period would lead to double payment, the Court of Cassation stated that the 7.5-hour period corresponding to the worked weekly rest day must be deducted from the overtime calculation.