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Mediation in Labour Lawsuits
The Law on Labour Courts No.7036 (the New Law”) which is promulgated in the Official Gazette dated 25 October 2017 has repealed the Law on Labour Courts No.5521. By the New Law, resorting to mediator in priority, has become compulsory in labour lawsuits.
Below provisions of the New Law shall enter into force as of the date of 1 January 2018.
The New Law, taking into regard the fact that our judicial system proceeds slowly and the labour courts are mostly employee friendly and they rule in favor of employees, has brought the mediation system forth, with the aim of parties to clearly express themselves and to resolve grievances faster.
The New Law has regulated that referring to a mediator
is a cause of action, in cases pertaining to employee and employer receivables and indemnification arising from employment contract and collective bargaining agreements and re-instatement to work lawsuits. Accordingly, it is a prerequisite to refer such cases to mediator before initiating a lawsuit before labour courts.
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