Court Of Cassation Decision On Labor Claims
T.C Judiciary Court of Appeal 9th Civil Chamber Esas: 2015/ 35548 Decision: 2019 / 19790 Date of Decision: 13.11.2019
JUDICIARY DECISION
COURT :LABOR COURT
The appeal of the decision rendered as a result of the lawsuit between the parties was requested by the defendant’s attorney, and it was understood that the appeal requests were in due time. After listening to the report prepared by the Examining Judge for the case file, the file was examined and the necessity was discussed and considered:
JUDGMENT OF THE COURT
1- According to the writings in the case, the evidence collected and the legal grounds on which the decision is based, the appellate objections of the defendant’s attorney other than the scope of the following paragraph are not relevant.
2- The plaintiff has filed an indefinite receivable lawsuit for partial performance, and the practice of our Chamber in terms of the commencement of interest in this type of lawsuit is the same as the principles of partial litigation, and the lawsuit for the amount requested with the petition for the amount requested for the receivables other than severance pay,
For the amount increased with the amendment (increase of claim) petition, while interest should be awarded from the date of amendment (increase of claim), it is erroneous to charge interest on the entire claim from the date of the lawsuit, and this is a reason for reversal, but since the correction of these mistakes does not require a retrial, it is decided to approve the judgment by correction in accordance with Article 438/7 of the CCP. It has been decided to approve the judgment by correcting it in accordance with Article 438/7 of the Code of Civil Procedure by referring to the provisional Article 3/2 of the Code of Civil Procedure.
CONCLUSION:
Paragraphs 2 and 5 of the judgment paragraph ” are completely removed and replaced with ;
“TL 1.000,00 of the TL 5.149,37 net notice pay receivable from the date of the lawsuit, 25.06.2013, and the remaining TL 4.149,37 from the date of the claim increase, 03.06.2014, together with the legal interest to be accrued from the date of the lawsuit, to be taken from the defendant and given to the plaintiff,
1.371,93 TL net holiday wage receivable, 1.000,00 TL from 25.06.2013, the date of the lawsuit, and the remaining 371,93 TL from 03.06.2014, the date of the request increase. 2014, the date of the request increase, to be given to the plaintiff by taking the highest interest rate applied to the deposits by the banks from the defendant,” paragraphs to be written, the judgment to be approved as amended in this way, it was unanimously decided on 13/11/2019 that there is no need to charge a confirmation fee in accordance with the decision of the Supreme Court of Appeals Unification of Jurisprudence Grand General Assembly dated 28.09.2018 and numbered 2018/2 E. 2018/ 8 K.
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