Declaratory actions in individual and Collective Labor Law

Declaratory actions are suits filed to determine the existence or the content of a judicial relationship. The forgery of a document can be subject of a declaratory action too. The types of the declaratory actions are negative and positive. Neither the elements of a legal relation nor physical facts can be the subject of a declaratory suit. It can not be filed on subjects that can be used as evidence or presented as defense in a lawsuit. The plaintiff has to have a legal interest in filing a declaratory action. If legal protection can be provided in another way, declaratory action cannot as a rule be filed in situations where action for performance can be filed as there is no legal interest in declaratory action. On the other hand, if the individual is given the right to file a declaratory action through / by a law sentence, there is no need to discuss whether legal interest exists or not.Though declaratory actions are not clearly arranged through a provision of law in civil procedure in Turkey, they are mentioned in declaratory (fixing) actions in various acts. It is also possible to see these provisions in labor law. For instance, according to the 46. entry of the act numbered 2822 declaratory action can be filed for determining whether a strike or lockout is illegal and the conflicts arising from the interpretation of a collective bargaining can be solved through declaratory action according to 60th entry of the same act. These actions can be regarded as types of law suit in theory and also justice decisions.The legal conclusions at the end of declaratory actions are declaratory judgments. No new legal case, situation arises or no sentence is given for the defendant to pay a debt or fulfill an act as a result of this decision. As a consequence, though declaratory judgments have absolute sentence effects they are not enforceable.