TAŞ v. TURKEY
Doc ref: 36021/09 • ECHR ID: 001-188060
Document date: November 5, 2018
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Communicated on 5 November 2018
SECOND SECTION
Application no. 36021/09 Oktay TAÅž against Turkey lodged on 16 June 2009
SUBJECT MATTER OF THE CASE
The application concerns the deduction made by the domestic court in the applicant ’ s overtime payments which were calculated in line with the relevant legislation.
The applicant complains of a violation of his right to property under Article 1 of Protocol No. 1 to the Convention, arguing that the deduction lacked legal basis and rendered the additional payment foreseen by the legislation meaningless.
QUESTIONS tO THE PARTIES
Did the applicant have a “legitimate expectation” as regards the daily 5% increase for overtime payments, taking account of additional Article 1 of the Code on the Regulation of the Relations between the Employers and Employees in the Media Sector (Law no. 5953)?
If so, has there been an interference with the applicant ’ s peaceful enjoyment of possessions, within the m eaning of Article 1 of Protocol No. 1, on account of the deduction of 90% of the amount calculated on the basis of the above-mentioned provision? In particular, was that interference in the public interest and in accordance with the conditions provided for by law?
Did that interference impose an excessive individual burden on the applicant?