NEWSLETTER-2020-metin

352 NEWSLETTER 2020 For instance, the 22nd Civil Chamber of the Court of Cassation resolved that “ Proceedings regarding employee receivables arising from overseas employment between employer and employee are re- lated to public order. Therefore, according to the material facts and mandatory provisions, the case should be resolved pursuant to Turk- ish law. ” (Decision numbered 2015/16473E., 2015/25517K. and dated 28.09.2015). Similarly, the 9th Civil Chamber of the Court of Cassation, which is the other civil chamber hearing labor law disputes, stated in a case in which the employee was requesting employee receivables by as- serting that the employment contract was terminated without any valid reason during the employment in Libya, “ The provisions regarding the jurisdiction of the labor courts and job security under Turkish la- bor law are mandatory provisions that are related to the public order. Existence of job security provisions under Libyan labor laws are not asserted in the case, and even if they exist, any contradictory provision with Turkish law shall explicitly be contrary to Turkish public order and, thus, the court shall apply Turkish law because of Article 5 of the AIPLL. ” (Decision numbered 2009/31301E., 2010/30289K. and dated 25.10.2010). In the same direction, the 22nd Civil Chamber of the Court of Cassation set forth that “ Other benefits that are being provided to the employee or which can be measured with money (such as continuous bonus payments, fuel allowance, clothing allowance, rent, shelter al- lowance, etc.) in addition to the main salary shall be considered in calculating the amount of severance and notice payments. ” (Decision numbered 2016/15857E., 2016/18919K. and dated 23.06.2019). On the other hand, there are resolutions of the Court of Cassation in which it did not hold the employer responsible for the outcomes of re-instatement cases, which were resolved in favor of the employees, because it was actually not possible for the employees to start working in the foreign state 8 . 8 Kar, Bektaş: Yurtdışı Hizmet Sözleşmelerinde Milletlerarası Özel Hukuk Uygulaması İş Hukuku Sorunları, Ankara 2017, p. 44.