The role of appeal courts in the resolution of individual labor disputes

As it is known, with the establishment of the employment relationship between the employee and the employer, the rights and obligations that they can claim against each other arise. As a matter of fact, the basic basis of rights and obligations is the law, and the non-application of the law based on rights and obligations, incomplete application of the law, and the losses caused by the ongoing workplace practices for the employee make disputes inevitable. While the vast majority of individual labor disputes are related to labor receivables such as severance pay, notice pay, annual leave pay, etc., which are dependent on termination, overtime wages, weekends, national holidays and general holidays are the main subjects of disputes. In practice, severance pay and overtime wages are the problems that occupy the judiciary the most. The judiciary's search for solutions to these problems, heavy workload and long trial periods have resulted in the economic and psychological wear and tear of the employer and the employee, as well as the violation of the right to a trial within a reasonable time. This situation has also rendered the Court of Cassation, which has the duty of creating case law and conducting legal audits, unable to fulfill this function. In order to reduce the violations of proceedings in the courts of first instance and to enable the Court of Cassation to fulfill its jurisprudence development duty in a healthy manner, the need for an intermediate supervision arose over time and eventually the judiciary of appeal was introduced to our legal system. Individual labor disputes and the solution method developed by the Court of Appeal and its contribution to the practice constitute the basis of the study. By utilizing the provisions of the Labor Law and the Labor Courts Law, the problems created by the relationship and the solution methods developed by the Court of Appeal will be explained with sample decisions. Labor disputes, each of which will constitute the subject of a separate study, have been examined in the main outlines as a result of the literature review and some criticisms and suggestions have been made.