Burden of proof and evidences in terms of wage receivables regulated in the Labor Law No. 4857

The employment contract which is in the Labor Law No. 4857 is defined as the contract that consists of two party, the one to work as a dependent and the other one to undertake wages. As can be seen from the definition, the fee is the essential element of the employment contract. As a matter of fact, drudgery was banned in the constitution and it was ruled that no one could be employed for free or/and by force. Although the wage constitutes the essential element of the employment contract, this receivable right differs in importance from other receivable rights arising from the contract. The wage, which generally constitutes the only livelihood of the worker and his family, has been constituted by constitutional guarantee and has been among the "social rights". The purpose of this study is to find out who and how the wage, which is frequently the subject of dispute between the worker and employer, can be proved in the trial. First, it should be noted that; the judiciary does not have its own procedural rules. Therefore, in this study, first of all, the provisions of Civil Judgment Law on proof and evidence are examined, and the effects of the principles of "Labor protection and interpretation in favor of the worker" that form the basis of Labor Law are evaluated in the Procedural Law. In the continuation of the study; In a trial where the workers basic wage, overwork, week holiday, national holiday and general holidays wage and annual paid leave are subject to discrepancy, who has the burden of proof and with which evidences he/she can perform proof activity. In the study; It has been determined that the problems brought by the application of the rules and principles of Civil Jurisdiction Law, where the principle of equality of the parties is dominant, to employee-employer disputes that cannot be mentioned among the parties, are tried to be eliminated by the case law of the Supreme Court. For this reason, during the study, the decisions of the Supreme Court were referred, and the suitability of these decisions with the Labor Law and the Procedural Law was evaluated. Keywords: Wage, overwork, Burden of Proof, Evidence, Payment of Wages, Annual Paid Leave.