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Implementation of unquantified debt laws in labor claims within the scope of Procedural Law

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2022
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Advisor: Prof. Dr. Faruk Andaç

Abstract (EN)

The Civil Procedure Law No.6100, which entered into force on 01.10.2011, has brought about many innovations in terms of procedural law. The most important of these innovations has been the "Unquantified Debt Lawsuit", which is regulated in Article 107. In practice, situations may arise in which plaintiff cannot determine his claim for reasons beyond his control. In this case, because of the advantages provided by this type of case, which is ruled not to limit the freedom to seek rights, there is no consensus in Supreme Court decisions and doctrine opinions on which types of receivables should be applied. Due to the many advantages it provides to the plaintiff, whether unquantifed debt case can be applied in the field of Labor Law brings uncertainities. While equality of the parties is crucial for Code of Civil Procedure, on the other hand, protection of the socio-economically disadvantaged worker under the Labor Law and interpretation in favor of the employee should be taken into consideration in order to reach a correct judgement. In this study, after the examination of the procedures and principles of labor law, the framework of unquantifed debt case organized under procedural law is determined and the applicability of this type of case in terms of labor receivables determined under procedural law, and within the framework of different Supreme Court decisions and various doctrinal critisms, its examination in terms of each receivable item constitutes the instrument of the thesis.

Author

Özen Tekin

How to Cite

Özen Tekin (Master Thesis). Implementation of unquantified debt laws in labor claims within the scope of Procedural Law, 2022, Çağ University.

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