Application of uncertain debt action within the scope of Labour Act numbered 4857

Taking place clearly and definitely the result of claim in a petition is a compulsory element in almost every law system. However, in some cases, to determine the result of claim briefly and certainly at the beginning of action could be too difficult for a claimant, even impossible. If the claimant indicates the result of claim highly that s/he cannot determine precisely at the beginning of action, s/he can encounter the risk of trial expenditures; if s/he indicates it little, s/he could be supposed to apply for a correction in order to increase it afterwards. Furthermore there has also been a danger that the unsolicited part will expire. For that reason, the uncertain debt action with Civil Courts Law numbered 6100 has been accepted on grounds of paving the way for the liberty of asserting rights when it has objective impossibility to determine the debt accurately or too difficult for a creditor to determine. When the workers' claims are subject to judgment, the indeterminacy of claim result before proceeding is one of the major problems in terms of workers. There have been various aspects on the doctrine in what cases the result of claim will be accepted as uncertain before proceeding and the uncertain debt action will be instituted. That the jurisprudence on this subject also diverge from each other causes the continuity of discussions on it. In this study, uncertain debt action has primarily been examined in terms of Civil Procedure. Later, the basic workers' assets have been divided into two categories as compensation and wages. Besides, in terms of each asset items, it has been tried to determine whether the conditions of that trial will be adapted for it or not and to ascertain the advices for solution.