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MODIFICATION IN MEDIATION AND OTHER MODIFICATION IN LABOR JURISDICTION

November 3, 2017

The mediator is obliged to conclude the application within three weeks (in obligatory cases the period may be extended by one week) from the date of assignment. If the parties reach an agreement at the end of the mediation process, it will not be possible to file a claim against the matters agreed at the mediation meetings. However, if the parties fail to reach an agreement at the end of this process, a lawsuit may be filed.

 

However, the compulsory mediation condition is not applicable in claims for pecuniary and non-pecuniary damages arising from occupational accidents or occupational diseases, and declaratory, objection and revocation lawsuits thereof.

 

1.Modifications on Legal Remedies

As a result of the amendments made by the Code, it will no longer be possible to appeal against certain decisions before the Court of Cassation as of October 25, 2017 and the decisions made before the Regional Court will be final. These decisions are;

  • Decisions given in lawsuits of appeal against termination notice.

  • Decisions made in the lawsuits filed by the employees for cancellation of the disciplinary penalties given to them by their employers pursuant to collective Labour agreements or workplace regulations.

  • Within the scope of the Unions and Collective Labour Code numbered 6356 and dated 18.10.2012, the decisions given in;

  • Disputes relating to the termination of the work contract of the workplace union representative,

  • In disputes as to whether the businesses, which are to make collective agreement, have met the required qualifications,

  • Disputes arising from the interpretation of a collective agreement in effect,

  • Determining whether a strike or lock-out is illegal or not.

The eight-day period for appeal foreseen by the former code has been revoked and two-week period for appeal which commences from notification of verdict to the parties and set by the Code of Civil Procedure numbered 6100 will also apply to the cases in Labour Jurisdiction. Parallel to this, the application period for the appeal will also be two weeks and this period will commence from the date when verdict of Regional Court of Justice is notified to the parties.

 

2. Modifications on term of limitations

Until 25.10.2017, the ten-year general period of limitations in Turkish Code of Obligations was being applied for certain claims arising from the Labour contracts. The amendments have limited the period to five years for specified claims. These claims are;

The Code on Labour Courts numbered 7036, which made significant modifications in the Labour jurisdiction, was published in the Official Gazette on October 25, 2017 and came into force. The Code not only repealed the Code on Labour Courts numbered 5521, but also amended the provisions of several codes, the Labour Code in particular. The amendments by the code are as follows;

 

3. Mediation as an obligatory cause of action

From January 2018, it is now compulsory to apply for remedy of mediation before filing a claim for workmanship claims and reemployment. If the case is filed before applying for the mediation, the case will be dismissed on procedural grounds due to the absence of the cause of action.

Conclusion: Code numbered 7036 on Labour Courts was published in the Official Gazette on October 25, 2017 and came into force. The code introduces fundamental changes in Labour legislation, such as mandatory mediation, non-appeal decisions and shorter period of limitations for various Labour claims. With the mentioned modifications, it is aimed to alleviate the workload of the Labour courts and the Court of Cassation in Labour disputes.  

As for compensation claims arising from occupational accidents, court of place where occupational accident or damage occurs and domicile of the worker injured is also authorized.

Competent court in lawsuits to be filed before the Labour courts will be the court of settlement of respondent real or legal person on the date of the lawsuit and court of place where the transaction has been performed. If there is more than one respondent, any court of settlement of them will also be authorized court.

  • Severance pay,

  • Annual leave fee,

  • Notice pay,

  • Compensation for bad faith damages,

  • Compensation arising from termination contrary to the principle of equal treatment.

  • Place of Jurisdiction

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