Labour judgement in accordance with in Labour Court Act no:5521 and the Act of Civil Procedure no:6100

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Thesis Type: Postgraduate

Institution Of The Thesis: Bursa Uludağ University, SOSYAL BİLİMLER ENSTİTÜSÜ, Turkey

Approval Date: 2017

Thesis Language: Turkish

Student: Fatih Gültekin

Supervisor: PİR ALİ KAYA

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Labour contracts form the basis of legal relationship between employee and employer. In terms of private law contracts, equality of the parties is in whole contracting process. But the absolute equality of parties cannot be mentioned in labour contracts. This inequality has been influential in shaping labour judgment, and labour courts are established as a special court in areas where labour disputes are intense. Duty, power and judicial procedure in the labour courts, which are specialist courts, are separated from the general courts in some respects. The first act to be applied in labour disputes is the Act No. 5521 on Labour Courts. In cases where there is no provision in this Act, the Act No. 6100 on Civil Procedure, which regulates general legal judgment, is applied. These two acts complete each other. In addition, if there are provisions on labour judgment in special acts, special act provisions must be applied. No. 5521 Labour Court Act does not respond to the needs of today's labour judiciary. For this reason, the Ministry of Justice has published the Draft Act on Labour Courts. The text, which is still drafted, contains some innovations, mainly mandatory mediation. However, since the draft contains problems in itself, it must be ensured that the text is discussed in the doctrine before it is legislated.