TC
judgment
22. LAW DEPARTMENT
THE MAIN NO.2017/7296
DECISION NO.2017/1656
THE DECISION IS HISTORIC.07.02.2017
COURT : Employment Tribunal
SUMMARY:
Attorney fee in the case of procedural rejection of the labor receivable case with a case value of 50 TL due to “waiting” in accordance with Article CMK 114/1-I, 115/2 … the attorney fee that was ruled, the amount accepted or rejected … the attorney fee that was rejected in favor of the defendant representing himself as a proxy at trial should be ruled 50,00 TL attorney fee.
The appeal of the decision made as a result of the lawsuit filed between the parties was requested by the defendant’s lawyer, and it was understood that the appeal request was in Dec. After listening to the report prepared by the Examining Magistrate for the case file, the file was examined and its necessity was discussed and evaluated:
DECİSİON
The plaintiff’s lawyer summarized in his petition; between 04.12.2007 and 10.04.2014, his client worked at the defendant’s workplace between 04.12.2007 and 10.04.2014 with a salary of 1,200.00 TL, the defendant’s workplace recently followed a policy of intimidation, a certain group of employees and many workers were forced to leave their jobs in this way, his client’s working conditions were changed, his client tried to get a written document to change his working conditions, he was pressured, mobbed Dec.12.2007-10.04.2014.
The defendant’s workplace was recently subjected to a policy of intimidation, a certain group of employees and many workers were forced to leave their jobs, his client’s working conditions were changed, his client tried to get a written document to change his working conditions, he was pressured, he was mobbed. Dec.12.2007- 12.2007 -10.04.2014 , where he was mobbed by other workers and subjected to spiritual violence, that your client has rightfully terminated his employment contract,… 19. In the case file numbered 2014/713 of the Labour Court, it was decided to dismiss the case upon the procedural rejection of the case. he filed a lawsuit by filing the said case and demanded that they would receive some labor.
DECİSİON
The defendant… 19. The defendant claims that the case filed in the case file 2014/713 of the Labor Court was rejected due to lack of legal interest, the plaintiff worked as a welder, this issue was fixed by the contract, the plaintiff was temporarily assigned as a quality assurance manager, then assigned to the welding task, the plaintiff was transferred to another work area that was heavier than the defendant’s profession and status in the company, the place where he was first appointed and the second appointment was not appropriate, he requested the dismissal of the case by stating that there had been no change in the plaintiff’s working conditions. He also objected to the continuation of the case at the preliminary examination hearing.
The court panel decided to dismiss the case procedurally in accordance with Article 114/1-I of the Code of Civil Procedure No. 6100 in accordance with Article 115/2 of the same Law.
The decision was appealed by the defendant’s lawyer.
REASON
According to the first paragraph of Article 13 of the Minimum Wage Tariff for Lawyers in force on the date of the decision; “If the subject of the legal assistance shown in the second part of the second part of the tariff can be evaluated with money or money, the attorney’s fee is determined according to the third part of the Tariff. (subject to the provisions of the second paragraph of article 7, the last sentence of the first paragraph of article 9 and the last sentence), the court where the case is held should not be below the fixed fees specified in the second section of the tariff 10. paragraph of the article). According to the second paragraph of the same article; “However, the stipulated fee may not exceed the accepted or rejected amount”.
In the concrete case, the court decided to dismiss the case. Accordingly, it was decided to dismiss the lawsuit in the amount of 50,00 TL based on the amount filed. In this case, although it is wrong to make a written decision in favor of the defendant represented by a lawyer at the trial because this issue is unlawful, a lawyer’s fee of 50.00 TL should be imposed in terms of the rejected part. If it does not require the renewal of the trial, in accordance with the provisional article 3 of Article 438/7 of the abrogated Code of Civil Procedure No. 1086, which is still in force, it must be decided to correct and approve the judgment as follows. Law No. 6100.
CONCLUSION:
It was unanimously decided on 07.02.2017 by deleting Article 3 of the decision on the subject of the appeal and adding the numbers and phrases “Since the defendant represents himself as a proxy, a proxy fee of 50.00 TL will be paid in accordance with the lawyer’s instruction”. The Minimum Wage Tariff in force on the date of the decision is collected from the plaintiff and given to the defendant” According to the provision, the decision will be upheld in this way and the appeal fee paid in advance will be returned to the relevant party if requested. .
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