NEWSLETTER-2020-metin

282 NEWSLETTER 2020 d) The characteristics of each case should be taken into account in order to reach a definite conclusion as to whether the rece- ivable is uncertain, certain or determinable; e) Especially in labor disputes, whether the receivable is certain should be assessed separately for each claim. A lawsuit for uncertain receivables could be filed for some demands, whi- le a partial lawsuit could be initiated for the others, within the same petition in the form of a joinder of the claims; and f) As the amount of severance pay, notice pay, wage receivables and annual leave payment may be known by the employee, as a rule, the lawsuit for uncertain receivables shall not be filed. However, if the amount of side benefits (such as food or transportation allowances), which are the elements of the calculation, depends on the employer’s records, or the total amount could only be specified throughout the trial, the se- verance pay and the notice pay may be subject to uncertain receivable lawsuit. In other words, as indicated above, each case and claim should be separately evaluated. The Court of Cassation also underlines that in cases where the receivable is definite or determinable, it is not legally possible to ben- efit from the advantages of lawsuits for uncertain receivables. Based on this remark, it has been concluded that if the amount or value of the receivable could be determined at the beginning of the case, the lawsuit should be rejected on procedural grounds due to the absence of the pre-condition. During these assessments, the recent amendment made to Article 107 of the CPL 3 , which regulates lawsuits for uncertain receivables, is also criticized. According to the 9th Chamber of the Court of Cas- sation, in accordance with the mentioned amendment, the judge must give time to the creditor (plaintiff) to increase his/her claims when the uncertain receivables become certain upon the trial. In brief, the 3 The Law on the Amendment to Civil Procedural Law and Certain Laws numbered 7251 (“CPL”), Official Gazette, No. 31199, 28.07.2020; For more information regarding the amendment, see Uzun, Alper : “Significant Changes to be made in the Civil Procedural Law,” Erdem&Erdem Newsletter, June, 2020.