One of the most important developments in Turkey’s legal world has been experienced. With the enactment of the Code of Labor Courts, the MANDATORY MEDIATION period has begun.
1-MEDIATION :
With the adoption of the Draft Law on Labor Courts, which regulates the procedures of establishment, duties, powers and proceedings of the labor courts in the General Assembly of the Grand National Assembly of Turkey; for an employer or employer based on an individual or collective labor contract it becomes compulsory to apply for mediation before filing a claim for compensation and return to work.
Conditions in which the mediation condition is not sought;
The mediation condition shall not be sought about the pecuniary and non-pecuniary damages arising from the Work Accident and Occupational Disease and any counterclaims related thereto.
What kind of path will be followed;
The plaintiff has to file a case with the original or the mediator-approved copy of the last record of the disagreement at the end of the mediation activity. If this is not done, the court will send an invitation to the plaintiff with a warning that the last minute must be presented to the court within the definite period of one week, otherwise the case will be rejected because of procedural requirement. If the plaintiff does not fulfill the request, the case will be declined for the absence of procedural requirement. If it is understood that a case has been filed without consulting the mediator, the proceedings will be rejected without due process because of the absence of procedural requirement.
The mediator must conclude the application made within three weeks from the date on which it is commissioned. This period may be extended by the mediator for a maximum of one week in extreme cases. From the time of application to the mediation office until the end of the last month, the statute of limitations shall cease and the period of disqualification shall cease.
2-STATUTE OF LIMITATION FOR THE SEVERANCE PAYMENT
The second important change brought about by the said law is the retention of the statute of limitations in the cases to be filed for the severance indemnity receipt by 5 years from 10 years. For that time-out period, it is necessary to indicate that the termination date is subject to termination after the date on which the law has entered into force and that it will not affect previously terminated service contracts.
Conditions in which the mediation condition is not sought;
The mediation condition shall not be sought about the pecuniary and non-pecuniary damages arising from the Work Accident and Occupational Disease and any counterclaims related thereto.
What kind of path will be followed;
The plaintiff has to file a case with the original or the mediator-approved copy of the last record of the disagreement at the end of the mediation activity. If this is not done, the court will send an invitation to the plaintiff with a warning that the last minute must be presented to the court within the definite period of one week, otherwise the case will be rejected because of the procedural requirement. If the plaintiff does not fulfill the request, the case will be declined against for the procedural requirement. If it is understood that a case has been filed without consulting the mediator, the proceedings will be rejected without due process because of the absence of the procedural requirement.
The mediator must conclude the application made within three weeks from the date on which it is commissioned. This period may be extended by the mediator for a maximum of one week in extreme cases. From the time of application to the mediation office until the last record drafted, the statute of limitations shall cease and the period of disqualification shall cease.
The Karadayı Law and Mediation Firm will continue to expand its services as a solution partner in this new period of effective use of the Mediation as an intermediary.
It will focus solely on professional help for all Mediation and Counseling services, not just for this compulsory Mediation.
We hope that the legal amendment of this revolution will be good for our whole legal community and our country especially, Mr. Hakan ÖZTATAR, our Chairman Mediation, who believes in the mediation,
KARADAYI LAW AND MEDIATION OFFICE