Within the scope of the provisions of the “mediation as a condition of action” of the Labor Courts Law No. 7036, which entered into force as of 01.01.2018, it is now obligatory to apply to the mediation institution before filing lawsuits for employee or employer compensation and reemployment based on individual or collective labor agreements. In the event that a lawsuit is filed without fulfilling this obligation, the lawsuit will be rejected procedurally without being notified to the other party and without entering into the merits.
Application to mediation is not obligatory in SSI disputes, such as cases of pecuniary or non-pecuniary damages arising from work accident or occupational disease, and related cases of determination, objection and recourse, determination of service and determination of entitlement to old-age pension.
In the termination of employment contracts, within 1 month from the notification of the notice of termination, the application to mediation is made to the mediation office of the other party, if the other party is more than one, to the mediation office in the settlement or place of work of one of them, and in places where no mediation office is established, the civil court of peace appointed by the justice commission of the first instance court. will be made to the editorial office. In the period between the application to the mediation office and the date of the last report, the statute of limitations stops and the period of foreclosure does not run. The mediator must finalize the process within 3 weeks from the date on which the application is made. This period may be extended by the mediator for a maximum of 1 week in compulsory cases.
Although it is obligatory to go to mediation in cases specified in the law, it is natural that it is not obligatory to agree in the mediation process. In the event that the worker and the employer cannot reach an agreement at the end of the mediation process, the plaintiff may file a lawsuit at the Labor Court by adding the mediator’s report to the annex of the court application petition, within 2 weeks from the date of the last report being drawn up by the mediator. If the parties reach an agreement at the end of the mediation negotiations; Unless there is a situation that cripples the will of the parties, such as threats, cheating, or force, it is not possible for the parties to re-judge the agreed matters. The signed agreement document is considered as a court decision without seeking an annotation of enforceability.
Parties can participate in mediation negotiations in person or through their lawyers. In the event that the mediation activity ends due to the failure of one of the parties to attend the first mediation meeting without a valid excuse, the party who did not attend the meeting is stated in the final minutes and the party who did not attend the meeting is held responsible for the entire trial expenses incurred as a result of the case, even if the party is partially or completely right in the case. In addition, no attorney’s fee will be awarded in favor of this party. In cases to be filed after the mediation activity ended due to the failure of both parties to attend the first meeting, the litigation expenses incurred by the parties will be left on them.
If the parties come to an agreement at the end of the mediation activity, the mediation fee is borne equally by the parties, unless otherwise agreed. In this case, the fee cannot be less than the two-hour wage determined in the Mediation Minimum Fee Tariff. If an agreement cannot be reached, the meeting times of less than two hours will be met by the Treasury, and in negotiations with a duration of more than two hours, the parts exceeding two hours will be paid equally by the parties as 330 TL + VAT per hour as specified in the mediation fee schedule.
With this law, which brings important changes in terms of Turkish Labor Law, it is aimed to resolve the dispute between the parties in a short time without going to court. At the same time, in this way, the workload on the judiciary will be reduced, and with the choice of alternative solutions, the legal costs to be incurred will be less. The most important point to be considered in the compulsory mediation process, where a solution will be reached through a fair and fast method, should be to prevent the possible imbalance of power between the employee and the employer.
You can contact our expert team to get legal support in all matters, including worker receivables and the mediation process.