T.R. JUDICIARY 23.Civil Chamber Basis: 2016/ 9622 Decision: 2020 / 1098 Decision Date: 19.02.2020
SUMMARY: According to the scope of the claim, defense, expert report and the whole file by the court, the defendant deducts … TL from the progress payment to be paid to these persons upon request due to the severance and notice payments accrued to the contractor by the workers whose service contracts were terminated by the plaintiff. According to the TİP Technical and Administrative Specifications, which are in the nature of the contract and its annex, the administration can control whether the labor rights and receivables of the workers are paid, and the deduction made is in accordance with the contract. The judgment had to be upheld.
(6100 S. K. Art. 370)
At the end of the trial of the action for the annulment of the objection between the parties, the file was examined, and the necessity was discussed and considered, upon the plaintiff’s attorney appealed within the time limit of the verdict given for the rejection of the case due to the reasons written in the verdict.
Plaintiff’s attorney, Cleaning Service Business between the parties
The contract has been signed,
He claimed that the defendant applied a deduction of 12,377.02 TL from his progress payment due under the contract, that the deduction was unfair, that the invoice drawn by his client was not objected to, that proceedings were initiated due to the deduction, that the defendant objected to the proceeding unjustly, and demanded the cancellation of the objection and filed a lawsuit.
The defendant’s attorney stated that the payment of severance and notice indemnities of the workers whose employment contracts were terminated was requested from the plaintiff, that the plaintiff did not make the payment by stating that the workers’ severance pay rights were not formed,
claimed that it was in compliance with the contract and its annexes, and demanded that the case be dismissed.
According to the scope of the claim, defense, expert report and the entire file, the defendant’s service by the plaintiff is determined by the court.
that the workers whose contracts are terminated deduct 12,377.02 TL from the progress payment to be paid to these persons upon request due to the accrued severance and notice pays before the contractor,
According to the TİP Technical and Administrative Specification, which is in the nature of the contract and its annex, the administration can control whether the labor rights and receivables of the workers are paid,
The case was dismissed on the grounds that it was in accordance with the contract.
The plaintiff’s attorney appealed the decision.
According to the articles in the file, the evidence on which the decision is based, the reasons for necessity, and the lack of inaccuracy in the assessment of the evidence, the appeal objections of the plaintiff’s attorney were not deemed appropriate.
Conclusion: It was unanimously resolved on 19.02.2020 that all appeals of the plaintiff’s attorney be rejected for the reasons explained above, and that the judgment, which was found to be in compliance with the procedure and the law, be APPROVED, and that the below-written approval fee be charged to the appellant, with no way of rectification. (¤¤)</b
