What is a Labor Receivables Lawsuit?
A labor receivables lawsuit covers all unpaid claims arising from the employment contract, including overtime pay, weekly holiday pay, national & public holiday (UBGT) pay, unused annual leave, minimum subsistence allowance (AGİ), bonuses and other contractual payments. These rights are protected by Labor Law No. 4857 and non-payment entitles the employee to terminate with just cause while keeping severance and notice rights.
What Counts as Labor Receivables?
- Overtime pay: Work exceeding 45 hours/week (1.5× hourly rate)
- Weekly holiday pay: Sunday work (2.5× daily rate)
- UBGT pay: National, religious and public holiday work (2× daily rate)
- Unused annual leave: Daily gross wage for each unused day at termination
- Unpaid monthly wages, AGİ, bonuses and social benefits
- Transportation, meal and other contractual payments
Calculation Method
Calculations are based on the composite ("giydirilmiş") gross wage. Hourly gross = monthly gross ÷ 30 ÷ 7.5. Courts evaluate attendance records, payslips, emails, swipe-card logs and witness testimony together via expert review. You can use our Labor Receivables Calculator to estimate amounts.
Burden of Proof and Evidence
Under settled Court of Cassation case law, the burden of proving overtime and weekly holiday work lies with the employee, but it may be discharged via witness statements, message/email correspondence, camera footage and access logs. If a payslip showing overtime accrual is signed by the employee without reservation, claims are limited to periods outside that payslip.
Mandatory Mediation
Per Article 3 of Labor Courts Law No. 7036, mediation is a condition precedent to filing a labor receivables lawsuit. Direct litigation is dismissed on procedural grounds. If mediation fails, the lawsuit must be filed within 2 weeks of the final mediation report.
Statute of Limitations: 5 Years
Per Labor Law No. 4857 Art. 32/8, all labor receivables are subject to a 5-year limitation period running from the date the claim became due. Filing a lawsuit or initiating enforcement interrupts the statute.
Competent Court
Labor receivables lawsuits are filed in the Labor Court at the employer's domicile or workplace. In Istanbul, all labor cases are heard at Istanbul Labor Courts; jurisdiction agreements are not allowed except as permitted by CCP Art. 18.