Case For Cancellation Of Objection – According To The Contract Between The Parties And The Type Technical And Administrative Specifications As An Annex, The Contracting Authority May Inspect Whether The Labor Rights And Receivables Of The Workers Are Paid – Approval Of The Judgment
T.C Judiciary Court 23rd Civil Chamber Esas: 2016/ 9622 Decision: 2020 / 1098 Decision Date: 19.02.2020
SUMMARY: The court decided to dismiss the lawsuit on the grounds that according to the claim, defense, expert report and the entire file scope, the defendant deducted TL … from the progress payment to be paid to these persons upon request due to the severance and notice indemnities accrued by the contractor due to the severance and notice indemnities of the workers whose service contracts were terminated by the plaintiff, according to the contract between the parties and the TYPE Technical and Administrative Specifications, which is an annex, the administration can check whether the workers’ labor rights and receivables are paid, and the deduction made is in accordance with the contract. The judgment should be upheld.
(6100 S. K. art. 370)
At the end of the trial of the cancellation of the objection case between the parties, the file was examined, the judgment given for the rejection of the lawsuit for the reasons written in the judgment was examined and the file was examined upon the appeal by the plaintiff’s attorney.
The plaintiff’s attorney stated that the cleaning service
The contract was signed,
claiming that the defendant deducted 12,377.02 TL from the progress payment that should be paid in accordance with the contract, that the deduction was unjust, that the deduction was unfair, that the invoice issued by the client was not objected, that a proceeding was initiated due to the deduction, that the defendant objected to the proceeding unfairly, and requested and sued for the annulment of the objection.
The defendant attorney stated that the plaintiff was requested to pay the severance and notice indemnities of the workers whose employment contract was terminated, the plaintiff did not make a payment by stating that the severance indemnity rights of the workers did not occur, and the transaction made
the contract and its annexes and requested the dismissal of the lawsuit.
According to the claim, defense, expert report and the entire file scope, the court ruled that the defendant
due to the severance and notice indemnities accrued with the contractor by the workers whose contracts were terminated, deducted 12,377.02 TL from the progress payment to be paid to these persons upon request, and
According to the contract and its annex, the TYPE Technical and Administrative Specifications, the administration can audit whether the workers’ labor rights and receivables are paid or not, and the deduction made
the lawsuit was dismissed on the grounds that it complied with the contract.
The decision was appealed by the plaintiff’s attorney.
According to the writings in the file, the evidence on which the decision is based and the reasons for the decision, and the lack of any inaccuracy in the appreciation of the evidence, the objections of the plaintiff’s attorney on appeal are not deemed appropriate.
Conclusion For the reasons explained above, it was unanimously decided on 19.02.2020, rejecting all the appellate objections of the plaintiff’s attorney, to APPROVE the judgment, which is in accordance with the procedure and law, and to collect the approval fee written below from the appellant, with the way of decision correction closed. (¤¤)</b
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