Master'sOpen Access

Uncertain claims case in labor law

2023
0 views
0 downloads
Advisor: Prof. Dr. Emine Tuncay Senyen Kaplan

Abstract (EN)

This "action for an unquantified debt in labor law" consist of three parts In the first part of this study, basic information about the action for an unquantified debt is given. In this context, the definition of the action for an unquantified debt, its legal nature, the special circumstances of the action for an unquantified debt, start a trial action for an unquantified debt in the absence of its conditions, the comparison of the action for an unquantified debt with the partial litigation, and finally the action for an unquantified debt in labor law are mentioned. In the second part, labor receivables due to termination are mentioned. In this context, labor receivables in case of termination have been explained on the basis of the Labor Law No. 4857, and on the other hand, by mentioning only the different situations in the Maritime Labor Law and the Press Labor Law, repetition has been avoided as much as possible. In the third part, after giving general information about the labor receivables and other labor receivables, which are not subject to termination, within the same plan as the second part, it is explained whether that receivable can be claimed through an action for an unquantified debt under each receivable title. This is has been prepared, The Grand General Assembly of the Supreme Court to Unify Jurisprudence, The General Assembly of Law on Unification of Supreme Court Jurisprudence, The General Assembly of the Supreme Court of Appeals and Due to the closure of the 22nd Civil Chamber of the Court of Cassation and the inclusion of the members of the closed Chamber and the pending files of this Chamber within the scope of the 9th Civil Chamber of the Court of Cassation; by taking into account the important changes in the practices of the Court of Cassation as a result of the restructuring of the 9th Civil Chamber of the Court of Cassation, and in this context, the new decisions taken by this Chamber in September 2020, as well as other current decisions related to our work. In addition, attention was paid to the use of mostly up-to-date written sources. Keywords: Labor claims, Action for an unquentified debt, partial lawsuits, termination.

Author

Dr. Ilgın Albayrak

How to Cite

Ilgın Albayrak (Master Thesis). Uncertain claims case in labor law, 2023, Baskent University.

License

Tüm Hakları Saklıdır

This work is shared under the specified license terms.

More theses from Baskent University