the Law No. 7036, which entered into force on 01.01.2018, regulates the work and functioning of Labor Courts. 6 Of the Law. the article regulates the jurisdiction of the labor courts. The new law does not introduce any innovations regarding the jurisdiction of labor courts compared to the duty regulation in Law No. 5521.
6 REGARDING JURISDICTION. ACCORDING TO THE ARTICLE;
“(1) In cases to be filed in labor courts, the competent court is the court of the place of settlement of the defendant natural or legal person on the date of opening the case and the court of the place where the work or transaction was performed. it is being performed.
(2) If the defendant is more than one, the settlement court of one of them is also authorized.
(3) In cases of compensation arising from an occupational accident, the court of the place where the occupational accident or damage occurred and the court of the place of settlement of the employee who suffered the damage are also authorized.
(4) The provisions in other laws related to the duties and powers of the labour courts are reserved.
(5) Authorization agreements that are contrary to the provisions of this article are invalid.” In terms of mediation application, it is necessary to apply to the mediation center in the district where the workplace or workplace center is located. For example, although the Bakırköy Courthouse is the competent court for a business case to be opened according to the provisions related to the field of duty for a workplace located within the boundaries of the Küçükçekmece Courthouse, the mediation application will be made to the mediation office in Küçükçekmece.
NEW REGULATION ON THE STATUTE OF LIMITATIONS FOR SOME LABOR RECEIVABLES
Law No. 7036 has changed the statute of limitations for employee receivables that will be the subject of litigation as of 01.01.2018. Provided that it arises from an employment contract; The statute of limitations for types of compensation such as annual leave fee, severance pay, notice compensation, bad faith compensation has been reduced from ten to five years as of 25.10.2017. The following additional article has been added to the Law No. 4857 with the article of the Law No. 7036 Oct.
ADDITIONAL ARTICLE 3- Annual leave fee and the statute of limitations for subsequent compensation, regardless of which law it is subject to, are five years October, provided that they arise from the employment contract.
a) Severance pay.
b) Compensation arising from the termination of the employment contract without notice.
c) Compensation for bad faith.
d) Compensation arising from the termination of the employment contract without complying with the principle of equal treatment.”
According to the said regulation, the time-out period for some receivables will now be calculated as five years. The employee will have to file a lawsuit regarding labor receivables within 5 years from the date of termination of the employment contract, and if no lawsuit is filed within this period, the rights related to labor receivables will disappear.
ADDITIONAL INFORMATION: THE SITUATION OF SUBCONTRACTOR October WITH THE NEW LAW
Law No. 7036 introduced a regulation that will concern employees working in the main employer-subcontractor relationship. 3/15 of the Law. its article is as follows: “In the event of the existence of a main employer-subcontractor relationship, when a mediator is contacted with a request for reinstatement to work, employers are requested to participate in mediation negotiations together, and their wills are compatible to reach an agreement.” According to this regulation, if mediation is applied for, the main employer and the sub-employer must participate together and their wills must be compatible. If the employee goes to a mediator in a subcontractor employment relationship, both the main employer and the subcontractor participate in mediation meetings, and if there are more than one employer in the negotiations to be held, these employers must be compatible with each other.
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