Partial Lawsuit vs Uncertain Claim Lawsuit

In compensation cases, the choice of case type significantly affects the outcome.

Partial Lawsuit (HMK Art. 109)

• A certain part of the receivable is requested
• It can be increased later with an additional case
• Interest is from the date of filing of the partial case
• Trial fee is less

Uncertain Claim Case (HMK) Art.107)

• If the amount of the receivable is not clear from the beginning
• The "minimum amount" is specified
• The final amount is determined by the expert during the trial
• Interest is transferred from the date of the case to the entire amount

Which is preferred? amount)

Saving the fee: partial lawsuit (but there is loss of interest)

Supreme Court HGK 2018/9-1 Decision

HGK accepts that it is possible to claim labor law receivables through an indefinite receivable lawsuit, but that a partial lawsuit is more appropriate for receivables that have been recorded by the employer.

Compensation lawyer recommended.