DOES THE EMPLOYER'S REPRESENTATIVE HAVE THE AUTHORITY TO REPRESENT THE EMPLOYER EVERYWHERE?

DOES THE EMPLOYER’S REPRESENTATIVE HAVE THE AUTHORITY TO REPRESENT THE EMPLOYER EVERYWHERE?

As a rule, the employer’s representative does not have the authority to represent the employer in court. In this respect, in a lawsuit filed against the employer, the employer’s representative lacks the authority to pursue and conclude the case on behalf of the employer, nor will they possess this authority in a lawsuit filed by the employer. This is because the provisions of the Attorneyship Law, the Code of Civil Procedure, and the Turkish Code of Obligations regarding contracts of mandate prevent this. The Court of Cassation also holds this view. However, if the “employer’s representative” also holds the title of attorney and possesses a power of attorney from the employer, there is no doubt that this rule will not apply. Essentially, in this case, the representation is not in the capacity of an employer’s representative, but in the capacity of the employer’s attorney.