With the Labor Courts Law No. 7036, which was published in the Official Gazette dated 25.10.2017 and entered into force with the exception of some articles, many changes were made in the field of Labor Law. We have mentioned in our previous articles the institution of “mediation as a condition of litigation”, which is among these changes. In this article, we will talk about other changes brought to the field of Labor Law by the said law.
The provision in Article 7 of the Law has been regulated. According to that, “The provisions of the Code of Civil Procedure, dated 12.01.2011 and numbered 6100, regarding legal remedies are also applied to the decisions made by the labor courts. The period of application to the legal remedy starts to run from the notification of the decision to the parties.”. In this direction, while it was necessary to apply to legal remedies within 8 days from the announcing, that is, the reading of the decision face to face, with the new regulation, the right to apply to legal remedies must be exercised within 2 weeks from the notification of the decision. In this way, the confusion as to whether the period will start from the announcement or from the notification has been cleared.
With the amendment in Article 20 of the Law, only appeal can be made regarding the decisions made in some cases and works, including the cases filed with the invalidity of the termination and the request for reemployment. In other words, the decisions of the Regional Court of Justice will be final and can no longer be appealed. With this regulation, the local court decisions given as a result of reemployment cases were excluded from the supervision of the Supreme Court. Thus, it was tried to prevent the delay in the finalization of reemployment cases. This regulation will be implemented from the date of publication of the Law, that is, from 25.10.2017. The relevant decisions rendered in the courts of first instance before this date may be notified according to the old regulation.
Another important issue in the amendments is regarding the statute of limitations. First of all, the statute of limitations; It is a defense tool that eliminates the claimability of the receivable and is not automatically(Ex officio) taken into account by the judge unless it is put forward by the relevant party. At the time of the old regulation, the statute of limitations for annual leave pay, severance, notice, bad faith and discrimination compensation was 10 years. With the new regulation, the statute of limitations for annual leave pay, severance pay, compensation arising from the termination of the employment contract without complying with the notification condition (notice indemnity), bad faith compensation and compensation arising from the termination of the employment contract without complying with the principle of equal treatment, regardless of the law, provided that it arises from the employment contract. will be 5 years. The aforementioned limitation period change applies to annual leave and compensations arising from employment contracts that expire after 25.10.2017.
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