Claim For Penal Terms Due To Wrongful Termination Of Service Contract
SERVICE CONTRACT AND PENALTY CLAUSE
The main objective of the contracting parties is the performance of the contractual obligations. It may not always be possible for the parties to fulfill their contractual obligations in accordance with the provisions of the law and the contract. In order to prevent this situation, which is expressed as breach of contract, the regulations and sanctions in the law may not always be sufficient.
One of the special sanctions determined by the parties to the contract against the breach of the contract is the imposition of a penalty clause. The penal clause aims to prevent the non-performance of the contract and the termination of the contract unfairly and without cause. The penal clause supports the performance of the contract and prevents its violation. In Turkish labor life, the imposition of penalty clauses in service contracts has become more common in recent years. The gap caused by the insufficiency of the employment guarantee is tried to be eliminated by adding penalty clauses to the service contracts.
TO THE … LABOR COURT JUDGE
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
ADDRESS :
DEFENDANT :
ADDRESS :
CASE VALUE :
SUBJECT : Due to the unfair termination of the service contract before the expiry of the term, the penal clause agreed in the contract ……. TL penal clause agreed in the contract due to the unfair termination of the service contract before its term.
A P P L A C T I O N S
1-) Our client worked for the defendant employer between …/…/… – …/…/…/…., the service contract was terminated unfairly on …/…/… and the accrued notice and severance payments were paid by depositing them into the bank account.
– TL in case of unfair termination of the contract before …/…/…/… date, and our client has applied for the payment of the penal clause of …-TL due to the termination of the contract before the expiry date within the framework of this contract provision, since the amount deposited in the bank account is not sufficient to cover the rights arising from the termination of the contract, but no payment has been made within the period allowed in the notice.
3-) For the reasons explained, it has become necessary for our client to request from your court to collect ……… TL from the defendant as a penalty clause in accordance with the contract provision between the parties.
LEGAL GROUNDS : 6098 S. Code Art. 179, 180, 182
LEGAL EVIDENCES :
1-) Workplace records, service breakdown
2-) termination notice dated …/…./…..
3-) Sample employment contract dated …./…/…
4-) … Notary Public’s notice registered at ….
CONCLUSION AND REQUEST : For the reasons explained above, due to the fact that the contract between the parties stipulates that a penal clause of ……… TL will be paid if the employment contract is terminated unfairly before the date …/…/…., we request and demand on behalf of our client to collect ……… TL as a penal clause from the defendant, and to decide to charge the trial expenses and attorney’s fee to the other party. …/ …/ …
Counsel for the Plaintiff
Att.
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