Mediation in employment law
Alternative dispute resolution mechanisms are gaining ground in Turkish law. Mediation is one of the most important of these. Following recent amendments to employment legislation, mediation has become a precondition to filing suit. As of January 1, 2018, parties may go to court only on matters that could not be resolved through mediation.
With these amendments, mediation serves as a resolution mechanism for employment disputes that would otherwise go to trial, and it can be applied in many other areas as well. Negotiations before a mediator, which the parties can also attend with their legal representatives, offer an alternative that can bring their positions together in a solution. It is of great legal importance that mediation allows the parties to reach an amicable solution by mutual agreement. It is also significant because the solution is faster and more economical.
Frequently asked questions
I was dismissed. Is mediation voluntary or mandatory?
In a dispute over employee claims, the parties may voluntarily agree on a particular mediator and settle the dispute by agreement without going through the procedure initiated by the mediation office. However, if no agreement is reached in that case, the precondition to filing suit will not have been met, because the precondition is satisfied only when the mandatory mediation process has been conducted in accordance with the law.
If the employee and the employer cannot agree on a mediator registered in the mediation registry, an application is made to the mediation office, and the office appoints a mediator to resolve the dispute.
Is it mandatory to apply to mediation in employment cases?
Under Article 3 of the Labor Courts Law (No. 7036), adopted on October 12, 2017, as of January 1, 2018, "in lawsuits for employee or employer claims and compensation based on law or on an individual or collective employment agreement, and in lawsuits seeking reinstatement, applying to a mediator is a precondition to filing suit."
What happens if I file a lawsuit without applying to mediation?
If a lawsuit is filed without first applying to a mediator, the court will dismiss the case on procedural grounds for failure to meet a precondition to filing suit under Article 114 of the Code of Civil Procedure (No. 6100), without taking any further steps.
Which lawsuits are subject to mandatory mediation?
- Reinstatement
- Lawsuits for compensation for the idle period
- Lawsuits for compensation for failure to reinstate
- Lawsuits for severance pay
- Lawsuits for notice pay
- Lawsuits for bad-faith termination compensation
- Lawsuits for unpaid wages
- Lawsuits for overtime pay
- Lawsuits for annual leave pay
- Lawsuits for national holiday and public holiday pay
- Lawsuits for bonus and premium pay
In which lawsuits is mediation not mandatory?
Mediation is not a precondition to filing suit in lawsuits for pecuniary and non-pecuniary damages arising from occupational accidents or occupational diseases, or in related declaratory, objection and recourse actions.
What is the deadline for applying to mediation?
The deadline for applying to a mediator is the same as the statute of limitations for the relevant lawsuit.
What is the mediation deadline in reinstatement cases?
An employee whose employment contract has been terminated, and who claims that no reason was given in the termination notice or that the reason given is not valid, must apply to a mediator with a reinstatement request within one month of the notice.
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