WITNESSING IN CIVIL PROCEDURE AND LABOR LAW

Abstract

This study examines the theoretical and practical dimensions of the institution of testimony in labor law and addresses the process of evaluating witness statements as evidence in labor courts. In labor law, testimony is an important evidence for both the employee and the employer, and plays a critical role in shaping the trial process. Although labor relations are generally based on written documents, in some cases, witness statements must be resorted to due to the lack of written evidence or the lack of sufficient clarity of the existing documents. In this context, the study examines the legal basis of testimony in labor law, the capacity to testify, the rights and obligations of witnesses, the process of testimony in labor courts, and the reliability of witness statements. In the first part of the study, the concept of testimony and its place in labor law are evaluated within the framework of the Turkish Labor Law and relevant legislation. Who can testify in terms of capacity to testify, in which cases testimony is not accepted, and the obligation to testify are detailed. In the second part, the criteria for evaluating witness statements as evidence, the impartiality of witnesses, the reliability of statements, and how judges interpret these statements are discussed. In particular, frequently encountered situations in labor disputes have been analyzed in the light of case laws and court decisions. In the third section, the process of hearing witnesses in labor courts, summoning witnesses, procedures for hearing in court and recording statements in the minutes have been detailed. In addition, how witness statements are evaluated in cases of contradiction and which criteria are taken as basis have been explained. Finally, in the conclusion section of the study, the importance of witness evidence in labor courts has been emphasized and solution suggestions have been presented for the problems encountered regarding the evaluation of witness statements. It has been revealed that witness evidence in labor courts plays a critical role, especially in proving the unfair practices of the employer against the employee or in proving that the employee has not fulfilled his/her obligations. It has been determined that the objective and reliable nature of witness statements is of great importance in ensuring a fair trial process in labor law.