The Law on Labor Courts and Mediation as a Precondition to File a Law Suit 15 November 2017

The Law on Labor Courts numbered 7036 (“the Law”) has entered into force by its promulgation in the Official Gazette dated 25.10.2017 and numbered 30221. Pursuant to the Law, former Law on Labor Courts numbered 5521 which was published in the Official Gazette dated 04.02.1950 and numbered 7424 has been abolished.

The most significant change brought by the Law is that seeking mediation is a precondition for filing a lawsuit concerning specific disputes counted in the Law. Within this regard, it is obligatory to apply to a mediator prior filing a lawsuit for any claim regarding employee or employer receivables, and compensation in relation to the individual or collective employment contract and re-employment requests. Otherwise, the case shall be dismissed without any further analysis.

However; compensation requests induced from a work accident and an occupational illness is excluded from this scope. Mediators assigned by mediation offices which will be established within the judicial area of Labor Courts shall conclude the application made to themselves for the resolution of the dispute within 3 weeks as from the date of this application.

The most important consequence of absence of the parties in the mediation proceedings is that the litigation expenses shall be loaded upon the party who refrained from attending the proceedings and consequently caused their failure, regardless who wins the case.

In case of re-employment requests, if there is a primary employer - subcontractor relationship, both the subcontractor and primary employer shall attend the mediation proceedings and they shall have mutual consensus in relation to come to an agreement.

During the time period between the application for mediation and issuing of last minute by the arbitrator, provisions related to lapse of time will not be applied.

As is seen, the Law, aiming to popularize alternative dispute resolution ways and solve the disputes between parties in a short time and by doing so lighten the work load of the courts, has many regulations to make mediation an advantageous option in which parties actively take part.

Nonetheless, the Law is quite recent and it has been stated that the procedure to be applied will be regulated with a Regulation which will be published in the future. Considering that mediation process is rather new in Turkey and it has significant differences with litigation, it will be beneficial for the parties to seek help from professionals who have specialized in this area.

Türkçe Versiyonu İçin

http://www.kasaroglu.av.tr/tr/is-mahkemeleri-kanunu-arabuluculuk

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