Reasonable reduction based on presumption on disputes related to labor receivables

The concept of " reasonable reduction based on presumption " has been applied in terms of overtime wage, remuneration for national and public holidays has no legal basis in Turkish law but the Supreme Court practice. Considering that judges have discretionary power with the provision of Article 4 of the Turkish Civil Code that allowing judges to make decisions based on equity is taken into account, it needs to be discussed whether the application of equitable reduction can be evaluated within the scope of the discretion of the judge which is governed by Article 4. On the other hand, there are gaps in practice in terms of labor wages where the reduction is applicable regarding proof of claimed unpaid wages, judge's evaluation of evidence, issues to be taken into account in determining the reduction rate, how much reduction will be applied and, whether an attorney's fee will arise for the rejected part of the wage due to applied reduction rate. In addition, another problem arises regarding the rate of reduction is determined by experts and the amount to be awarded in case of reduction is specified in the expert report.