T.C SUPREME COURT 23.Legal Department Base: 2016/ 9622 Decision: 2020 / 1098 Decision Date: 19.02.2020
Summary: the court’s claim, defense, expert reports, and all file scope, according to the defendant, the plaintiff terminated by service contracts accrued severance pay due to workers by the contractor upon demand from the allowances to be paid to such persons TL offset when the nature of the contract between the parties and OCT in medical, technical and administrative workers labor rights and receivables according to the specifications of the administration that can control where they were paid, is found to conform to the convention of cuts on the grounds that the case is dismissed. The decision has to be upheld.
(6100 pp. K. m. 370)
At the end of the trial of the case for the cancellation of the appeal between the parties, the file was examined, the need to be discussed and considered upon appeal by the plaintiff’s attorney within the period of the decision to dismiss the case for reasons written in the dec.
Deputy plaintiff, Decontamination Service between the parties
he demanded and sued that the defendant apply a deduction of 12.377,02 TL from the amount due under the contract, that the deduction was unfair, that the invoice that his client had cut was not challenged, that a follow-up was initiated due to the deduction, and that the defendant objected to the follow-up as unfair, and that the appeal be decided to cancel.
The defendant’s deputy stated that the payment of severance and notice compensation of employees whose employment contract has been terminated has been requested from the plaintiff, the plaintiff has not paid by stating that the severance compensation rights of employees have not been established, the transaction has been made
claiming that it complies with the contract and its annexes, October requested that the case be dismissed.
According to the scope of the claim, defense, expert report and all files filed by the court, the defendant is served by the plaintiff
due to the seniority and notice compensation accrued to the contractor by the employees whose contracts have been terminated, it decouples TL 12,377.02 from the right to be paid to these persons upon request, between the parties
according to the Technical and Administrative Specification of the TYPE of the contract and october annex, the administration can control whether the labor rights and receivables of the workers are paid, the deduction made
it has been decided to dismiss the case on the grounds that it is in accordance with the contract.
The decision was appealed by the acting plaintiff.
According to the articles in the file, the evidence on which the decision is based, the reasons for the necessity, there is no inaccuracy in the discretion of the evidence, the appeals of the plaintiff’s attorney were not considered in place.
Conclusion: For the reasons described above, it was unanimously decided on 19.02.2020 to approve the provision found in accordance with the procedure and the law by rejecting all appeals by the plaintiff’s attorney, to remove the approval fee written below from the appellant, and to close the way to correct the decision. (¤¤)</b