The principle of good faith and the prohibition of abuse of rights in claiming employee receivables

One of the main purposes of labor law is to protect the worker economically and to balance his/her weak position against the employer. In this study, the balance between the principle of protecting the worker, which is one of the most important principles of labor law, and the principles of the principle of honesty and prohibition of abuse of rights in Article 2 of the TMK, has been examined from a theoretical and judicial perspective. In particular, the scope of the limits of the worker's freedom to seek rights and the situations that constitute a prohibition of abuse of rights have been addressed within the framework of the decisions of the Supreme Court of Appeals. In concrete disputes, it has been discussed whether the principle of honesty has been violated by considering the timing, content or previous behavior of the worker in some requests; and how the courts evaluate these requests has been analyzed. The principles of honesty and prohibition of abuse of rights, which are accepted as general rules of law, do not only limit the behavior of the employer in labor law, but also the behavior of the employee. The evaluations reached in line with the approaches in the doctrine and the court decisions on how these principles are applied in the claim of labor receivables aim to contribute to more predictable and consistent decisions in practice.