The mediation process in labor law came into force with the entry into force of the Labor Courts Law.
The relevant law has made it mandatory to apply to the mediation process, and if it is not applied, it will be decided to be dismissed procedurally due to the absence of a condition of the lawsuit.
Mediation is divided into 2 categories.
1- Mandatory Mediation 2- Optional Mediation
In this article, we will discuss the cases that fall within the scope of Mandatory Mediation and try to explain the mediation process.
MANDATORY MEDIATION PROCESS:
The Legislator has made this process mandatory in some cases in order to reduce the workload of the courts and to reach a quick solution.
The Labor Courts Law treats the mediation process as a condition of litigation.
Mediation as a condition of litigation
ARTICLE 3- (1) In lawsuits filed for employee or employer receivables and compensation based on the law, individual or collective labor agreement, and for reinstatement, the application to the mediator is a condition of the lawsuit.
As can be understood from the wording of the law, it will not be possible to file a lawsuit directly without applying to the mediation process. If an agreement cannot be reached during the mediation process, a lawsuit may be filed.
Applications can be made through Uyap or through the Mediation offices in the courthouse.
Mediation Period in Labor Cases:
First of all, it should be noted that the period varies according to the subject matter of this case. There is a 5-year statute of limitations for debt cases. However, there is an exception for reemployment cases. The period in question must be applied to mediation within 1 month from the notification of the termination of the employment contract. The relevant period is forfeit and if it is not done within the time intervals specified in the law, this right will be deprived.
AUTHORIZED MEDIATION OFFICE:
Pursuant to Article 3, Paragraph 5 of the Labor Courts Law;
(5) The application shall be made to the mediation office at the residence of the opposing party, or if there is more than one opposing party, to the mediation office at the place of residence of one of them or at the place where the work is performed.
WHAT TO DO IF THERE IS NO MEDIATION OFFICE?
In places where a Mediation Office is not established, it shall be submitted to the Registry Directorate of the assigned Civil Court of Peace.
Mandatory Mediation Cases:
- Severance pay lawsuits
- Compensation for Notice Cases
- Lawsuits Regarding Annual Leave/Wage Claims
- Return to Work Cases
- Lawsuits Arising from Overtime Wages
- Lawsuits Arising from NBGT (National Holiday General Holiday) Wage
- Defamation Between Employer and Employee
- Lawsuits Arising from Travel/Fare/Premium/Premium/Premium/ Idle Time
- In cases arising from non-employment
- Trade Union Compensation Cases
The above-mentioned cases, and similar cases, are among the cases covered by Mandatory Mediation.
Mediation Interview Process:
Following the application process, the appointed mediator contacts the parties and their representatives, if any, to arrange a meeting on a suitable date and time. Confidentiality is important in these meetings. The meeting will be attended by the parties or their lawyers, if they have one.
The relevant process is concluded within an average of 3 weeks after the mediator is appointed. In mandatory cases, this process is extended for a maximum of one more week.
The number of meetings does not have to be one, but more than one meeting can be held.
It is important to note that if one of the parties fails to attend the first meeting without presenting an excuse, the absent party will be liable for the entire costs of the proceedings, regardless of the outcome of the proceedings.
If the parties agree at the end of these negotiations; Minutes of the agreement
If the Parties cannot agree, a Minute of Disagreement will be issued.
If an agreement is reached;
The minutes of the mediation will be kept and the parties or their lawyers will put their signatures on these minutes. The minute has the quality of a judgment. As a result of this situation, an Enforceability annotation can be obtained from the Authorized Civil Court of Peace. If the other party does not comply with the provisions agreed as a result of the mediation, enforcement proceedings will be initiated against the non-complying party.
If filed, the case will be dismissed on procedural grounds.
In case of failure to reach an agreement;
A record of disagreement will be kept. The parties or their lawyers, if any, will sign it. After this minute, a lawsuit can be filed. The party who will file a lawsuit will attach the Minutes of Non-Agreement to the lawsuit petition.
It is important to note here that if the final mediation report is not attached to the lawsuit petition, the lawsuit may be dismissed procedurally.
A lawsuit must be filed at the competent Labor Court within 5 years for wage receivables and within two weeks for reinstatement.