The burden of proof in the disagreements arising from labor contract

The aim of the study, the problems of proof in disputes arising from labor contract between the employee and the employer is to determine how resolved.`Burden of proof? as a term signifies, which party is responsible from the proof in the case of an against decision. In a case, it is of rather significance to be defined the party that will shoulder the burden of proof and its means with regard to gain or fail in the lawsuit. It is a well-known fact that, the employee party in our country, Turkey, is generally in a disadvantageous status compared to employer party in terms of the conflicts relating to labor law. Thus, the definition of the responsible party from the burden of proof becomes more important in the disputes arising from the employment contract.Thorough the some articles of Labor Law 4857, the party that undertakes the burden of proof is clearly assigned. In the disputes come down to the courts however, the undertaking party is usually undefined. In such cases, it is observed that Supreme Court of Appeals practises the rules of proof by taking the special structure of labor law into the consideration.In this work, the terms proof and burden of proof relating to adjective law, principle of labor judgment, settlement of the labor contract, its fulfilment and the proof problems between the employee and employer in the case of termination. Especially, the conflicts arising from labor contract are tried to examined by doctrins and juristic verdicts due to its various proof problems.