EN JUDGMENT 23. Legal Department Basis: 2016/ 9622 Decision: 2020 / 1098 Decision Date: 19.02.2020
SUMMARY: Within the scope of the defendant, the petition, the defense, the expert report and the entire file by the court, it was understood that the defendant deducted TL from the entitlement to be paid to these persons on request due to severance and notice compensation accrued to the contractor by the plaintiff of the employees whose service contracts were terminated. October pay pay In accordance with the contract and the attached TYPE Technical and Administrative Specifications, the administration may check whether the employees’ employment rights and receivables are paid, whether the deduction made is in accordance with the contract. The judgment had to be upheld.
(Art. 370 of Art. 6100)
At the end of the trial of the case for the cancellation of the appeal between the parties, the file was examined and the necessity was discussed and decided by the plaintiff’s attorney upon the appeal of the decision to dismiss the case for the reasons written in the Decrees within the time limit.
Plaintiff’s attorney, Decontamination Services Business between the parties
The contract was signed,
He claimed that the defendant had made a deduction of TL 12.377,02 from his claim under the contract, that the deduction was unfair, that the bill cut by his client was not contested, that a lawsuit was filed due to the deduction, that the defendant had unfairly objected to the follow-up, and requested the cancellation of the objection and filed a lawsuit.
Paying paid severance and notice compensation of the employees whose employment contracts were terminated was requested from the plaintiff, and the plaintiff did not pay, claiming that the severance compensation rights of the employees did not occur, the defendant’s attorney said.,
he demanded that the case be dismissed, arguing that it was in accordance with the contract and its Oct.
The court determines the issue of notification to the defendant by taking into account the scope of the case, the defense, the expert report and the entire file.
Employees whose contracts have been terminated should make a deduction of TL 12.377,02 from the amounts of entitlements to be paid to them if they request it due to accumulated severance and notification compensation from the contractor,
Paying payable in accordance with the contract and the attached TYPE Technical and Administrative Specifications, the administration may check whether the workers’ October employment rights and receivables have been paid.,
It was decided to dismiss the case on the grounds that it was in accordance with the contract.
The plaintiff’s lawyer appealed against the decision.
Considering that there is no error in the evaluation of the evidence, the reasons of necessity and the evidence on which the decision is based in the articles contained in the file, it has been seen that the plaintiff’s attorney’s appeals are not appropriate.
Conclusion: It was unanimously decided on 19.02.2020 to reject all the plaintiff’s attorney’s appeal requests for the reasons explained above, to APPROVE the provision found in accordance with the procedure and the law, and to collect the approval fee written below to the plaintiff without any possibility of correction.