T.C SUPREME COURT 23.Legal Department Basis: 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 verdict had to be upheld.

(6100 P. K. m. 370)

At the end of the trial of the case for the cancellation of the appeal between the parties, the file was reviewed and considered by the attorney of the plaintiff during the term of the provision for the dismissal of the case for reasons written in the application.

Attorney for the plaintiff, cleaning service work between the parties

Contract > si signed,

he demanded and sued the decision to cancel the appeal,claiming that the defendant applied a deduction of $ 12,377.02 from the claim that must be paid in accordance with the contract, the deduction was unfair, the invoice that his client cut was not challenged, the pursuit was initiated due to the deduction, the defendant objected to the pursuit unfairly.

The defendant’s attorney stated that the payment of severance and notice compensation for employees whose employment contract has been terminated was requested by the plaintiff, that the plaintiff did not pay, stating that the workers ‘ severance compensation rights were not formed,

he requested that the case be dismissed, arguing that it was in accordance with the contract and its annexes.

According to the scope of the claim, defense, expert report and all files by the court, the defendant is served by the plaintiff

due to severance and notice compensation accrued by the contractor, employees whose contracts have been terminated deducted TL 12,377. 02 from the claim to be paid to these persons upon request, between the parties

in accordance with the technical and administrative specifications of the type of contract and octet, the administration can control whether workers ‘ labor rights and receivables are paid, the deduction made

it was decided to dismiss the case on the grounds that it was 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 was based, the reasons required, and the lack of accuracy in the evaluation of the evidence, the appeals of the attorney of the plaintiff 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 law with the rejection of all appeals of the plaintiff’s attorney, to take the approval fee written below from the appellant, and to close the way of Correction of the decision. (¤¤) < / b