The 9th Civil Chamber of the Supreme Court resolved a dispute between the employer and the worker with a remarkable detail. In the statements made on the subject, it was stated that the GPRS records on the phones would also be counted as evidence of working overtime. Moreover, this conclusion was reached unanimously. Let’s look at the details of that event together.
A citizen working as a pharmaceutical and medical promotion representative claimed that he had overtime after quitting his job. The citizen who went to the Labor Court showed some evidence, including phone GPRS data. The employer claimed that the employee did this for more bonuses and that it could not be considered as overtime. As a result of the examinations made by the Labor Court, the case was dismissed. The citizen, who appealed the decision, was found right in the examination made by the 9th Civil Chamber of the Supreme Court.
“GPRS data is evidence”
According to the precedent decision reached as a result of the investigations of the 9th Civil Chamber of the Supreme Court of Appeals, GPRS data can be used to determine whether a person works overtime or not. can provide. In the written statement made on the subject, the following statements were included:
“The worker who claims to have worked overtime is obliged to prove this claim. The payroll with the employee’s signature is conclusive evidence until its forgery is proven. In other words, unless the falseness of the payroll is alleged and proven, the signed It is assumed that the overtime receivable shown on the payroll has been paid. In the concrete case, it is understood from the scope of the file that the plaintiff works with a fixed wage + quota-based premium method. Although the request was rejected by the court on the grounds that the plaintiff could not prove that he worked overtime, the defendant stated that the plaintiff’s overtime work was done in order to earn more premiums. It is implicitly accepted. There is a regulation that the working hours will be determined by the employer in the 8th article of the employment contract signed with the plaintiff, and that the employee has to submit the visit plans to the employer and comply with them in the 12th article. e relied on the statements of witnesses and stated that when the phone GPRS records and the reports were evaluated together, it would prove that it would take more work. The plaintiff’s witnesses are the people who saw the plaintiff on the day and time specified in his program, and the plaintiff meets with many doctors and pharmacists during the day for short-term promotion and sales purposes. Phone GPRS records were not summoned, the claimant’s witnesses had seen the plaintiff for a short time, so their statements could not be respected, and the defendant’s statement of witnesses stated that the plaintiff’s working time was 44 hours and did not exceed the legal time, and therefore the overtime work could not be proven, and the rejection was unfounded. While the court should have made a judgment about overtime work by evaluating the phone GPRS records, vehicle records, weekly reports submitted to the employer and evaluating all the evidence together, which were reported in the evidence part of the plaintiff, the rejection of the request with a written justification was inaccurate. It was unanimously decided to overturn the appealed decision for the reason stated above.”
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