İş Yargılamasında Tanık Delili

Abstract

A witness is a person who conveys to the court the information he has about events and facts that are in dispute between the parties in a case. Witness evidence, which is discretionary evidence in civil procedural law, appears as the most important means of proof in labor law trials on issues such as working hours and conditions, wages paid to workers, and the reason for termination of the contract. While it is possible to prove with witness evidence on issues such as the existence and type of the employment contract, the material facts that serve as a basis for termination of the contract, overtime working time, the wage received by the employee during the working period, the justifiable reasons for termination, it is also possible to prove that the employer pays the employee wages, provides annual leave, changes in working conditions with the consent of the employee. In some cases, proof can only be made with written evidence. Although there are no clear regulations in the Labor Law No. 4857 regarding the circumstances in which witness evidence can be used in labor proceedings, it is concluded that witness evidence is used as a means of proof in a wider range of cases in labor proceedings than those envisaged in the Code of Civil Procedure No. 6100. Since there are not enough regulations in the law regarding the burden of proof and tools in labor proceedings, an attempt is made to find a solution to these issues through judicial precedents. Although the Supreme Court has mostly stable jurisprudence regarding the circumstances in which witness evidence can be used, it is also seen that decisions have changed over time on some issues.