Constitutional Court Review on Unquantified Claims Actions in Labor Receivables

In its decision dated 15 April 2025 and numbered 2019/1844, published in the Official Gazette dated 6 January 2026 and numbered 33129, the Constitutional Court (“CC”) examined whether the procedural dismissal of lawsuits filed for the collection of labour receivables—on the ground that severance pay and annual leave wage claims could not be brought as unquantified claim actions due to the absence of legal interest—violated the right of access to a court guaranteed under Article 36 of the Constitution.

In its assessment, the CC emphasized that the incorrect determination of the type of action should not automatically lead to procedural dismissal and that, where available, milder and proportionate procedural mechanisms enabling the examination of the merits of the dispute should be taken into consideration. Accordingly, the CC concluded that the direct procedural dismissal of the action constituted a disproportionate interference with the right of access to a court.

You may access our note on the decisions here.