İş Hukukunda Belirsiz Alacak Davası ve Kısmı Dava

Abstract

When the employment contract is terminated, all benefits arising from the law or employment contract and that can be measured in money must be paid completely according to Article 32/6 of the Labor Law No. 4857. If the payment is not made by the employer, the first method applied in practice is to send a warning letter to the employer. The purpose of sending this notice is to indicate the receivable items to be paid, and to inform the employer that they will be subject to the case if they don’t pay. Thus, the employer falls into default after sending the notice and the interest starts to accrue from this moment. The worker, whose labor claims are not paid despite the notification, has to apply to a compulsory mediator. Because, application to the mediator is obligatory except for work accident and occupational disease. If an agreement cannot be reached at the mediation stage, the employee may file a lawsuit at the competent labor court. During the litigation phase, there are discussions about whether the labor claims will be claimed through an indefinite claim or partial litigation. Although partial litigation is more advantageous compared to indefinite claims, it cannot be opened in all cases because it requires certain conditions. If some receivables cannot be brought in the form of a partial lawsuit, they cause loss of rights. During the writing of the thesis, there have been many changes in both the HMK Art.107 (in the Indefinite Debt Claims) and the Labor Law. Some temporary arrangements have been made in the Labor Law, especially due to the Covid-19 pandemic. In the relevant parts of our study, the aforementioned changes are stated This study also examines which worker receivables should be filed in the partial lawsuit type and which in the uncertain receivable form. within the framework of the decisions of the Supreme Court and calculation examples are included.