compulsory mediation, which entered into force on 01.01.2018, is the activity of resolving the dispute by the parties themselves by producing the most appropriate solutions to the dispute between them with the contributions of an independent and impartial Decider. Article 3/1 of the Labor Courts Law No. 7036 entitled “Mediation as a Condition of Litigation” obliges the use of mediation method in some types of litigation. According to the text of the article, “Based on the law, individual or collective bargaining agreement, the employee or employer will receive and compensation and in cases filed for return to work, it is a condition of the case that the mediator has been consulted.
Severance pay, notice compensation, bad faith compensation, compensation for violation of the principle of equality, trade union compensation, mobbing compensation, wages, bonuses, bonuses, overtime pay, annual leave pay, week holiday pay, national holiday and general holiday pay and similar labor claims that the employee may request should be applied to an intermediary. The legislator, unlike the above-mentioned receivables, 3/3 of the Labor Courts Law No. 703Severance pay, notice compensation, bad faith compensation, compensation for violation of the principle of equality, trade union compensation, mobbing compensation, wages, bonuses, bonuses, overtime pay, annual leave pay, week holiday pay, national holiday and general holiday pay and similar labor claims that the employee may request should be applied to an intermediary.
The legislator, unlike the above-mentioned receivables, 3/3 of the Labor Courts Law No. 7036. by its article, mediation has ceased to be a condition of litigation for the cases listed in the article: “Cases of mateby its article, mediation has ceased to be a condition of litigation for the cases listed in the article: “Cases of material or moral compensation arising from occupational accidents or occupational diseases, as well as detection, objection and recourse cases related to them, are excluded.” 3/3 of the Law. in the cases specified in the article, especially in cases of material and moral compensation arising from occupational accidents or occupational diseases, a lawsuit may be filed directly without resorting to mandatory mediation.
FILING A LAWSUIT WITHOUT RESORTING TO MEDIATION
Article 3/2 of the Article 3/2 of the Labor Courts Law No. 7036 regulates the consequences of opening a lawsuit without mandatory mediation. “If it is understood that a lawsuit has been filed without recourse to an intermediary, it is decided to dismiss the case procedurally, since there are no conditions for filing a lawsuit.” If the final report is not added to the case file despite the mediation application, “the plaintiff is obliged to add the original of the final report stating that no agreement has been reached at the end of the period or a copy approved by the mediator. Mediation activity for the lawsuit petition.
In case of non-compliance with this obligation, the court sends an invitation to the plaintiff and informs that the final report must be submitted to the court within a certain week, otherwise the case will be procedurally dismissed. If the notification requirement is not fulfilled, the lawsuit will be rejected by procedure without notifying the other party of the lawsuit petition.” It is essential for applicants to pay attention to the case requirement contained in these regulations in order not to lose their rights.
APPLICATION PERIOD
Law No. 7036 regulates how long the application should be made and how long the process should be completed in the cases to be opened for return to work, and the impact of the application on the deadlines. Article 11 states: “An employee whose employment contract has been terminated must apply to an intermediary in accordance with the provisions of the Labor Courts Law on the claim that the termination notice did not provide a reason or the reason shown was not shown. AA valid reason, together with a request for reinstatement to work within one month from the date of notification of the termination notice.” According to this regulation, it is necessary to apply to a mediator within 1 month from the date of notification of termination.
Legislator, Act 3. article 10. in his paragraph, he has regulated how soon the mediator can complete his task. “The mediator will finalize the application within three weeks from the date of appointment. This period may be extended by the mediator for a maximum of one week in mandatory cases.” The legislator has not regulated the mandatory situations in an ordinary way, he has granted the right toThis period may be extended by the mediator for a maximum of one week in mandatory cases.” The legislator has not regulated the mandatory situations in an ordinary way, he has granted the right to extend the period by one week according to the requirements of the situation.
Situation in which the parties cannot reach an agreement at the end of the mediation activity is arranged as follows: “If an agreement cannot be reached at the end of the mediation activity, a lawsuit may be filed in the labor court within two weeks. From the date of the final report.” The two-week period for filing a lawsuit begins from the date of issuance of the mediator’s final report.
This two-week period is a period of loss of rights, and failure to file a lawsuit will result in loss of rights. The effect of the application for compulsory mediation on the duration of filing a lawsuit is regulated in paragraph 17 of Article 3 of the Law. “From the date of application to mediation until the date of the final report, the statute of limitations stops and the statute of limitations period does not apply.” in accordance with its provision, the statute of limitations will stop and the statute of limitations periods will not operate. From the date of application for mediation activity to the date of the final report.
MEDIATION FEE
TheThe Labor Courts Law No. 7036 also regulates fees related to mediation activities. No fee is charged from the applicant for applying for mediation activity. 3/13 of the Law. the article is as follows: “In case the parties agree at the end of the mediation activity, the mediation fee shall be paid equally by the parties in accordance with the Second Part of the Mediation Fee Tariff attached to the Mediation Minimum Wage Tariff, unless otherwise agreed.
Paid by the parties Decrees: ” According to this arrangement, the parties shall agree and if there is no other agreement between the parties to the contrary, the fee shall be paid equally by the parties. According to the following regulation, if there is an agreement on the return to work, a calculation will be made on the amounts that the employee will receive, otherwise, if there is no agreement, the parties will pay this amount equally.
The next paragraph of the same article regulates the situation in which the parties cannot agree. The above-mentioned arrangement is as follows: “If the parties cannot be reached at the end of the mediation activity, the parties cannot be interviewed due to non-participation, or the parties cannot agree at the end of negotiations lasting less than two hours, the amount ofThe above-mentioned arrangement is as follows: “If the parties cannot be reached at the end of the mediation activity, the parties cannot be interviewed due to non-participation, or the parties cannot agree at the end of negotiations lasting less than two hours, the amount of the two-hour fee according to the First Part of the Tariff is paid from the budget of the Ministry of Justice.
” According to the arrangement, if the negotiations take less than two hours, the costs are paid from the Ministry of Justice budget. In this regard, the mediation system seems to be a cheaper method than applying to the court.
Finally, it should also be mentioned that the parties should not participate in the mediation activity. 3/12 of the Law. the article is as follows: ”If the mediation activity is terminated due to one of the parties not attending the first meeting without a valid excuse, the party who did not attend the meeting is indicated in the last minutes and this party is held responsible for all the costs of the trial, even if it is partially or completely justified in the case”.
Accordingly, if the mediation activity is terminated due to one of the parties not attending the first meeting without a valid excuse, the party who Accordingly, if the mediation activity is terminated due to one of the parties not attending the first meeting without a valid excuse, the party who did not attend the meeting will be indicated in the final minutes and this party will be held responsible for all the costs of the trial, even if the Party is partially or completely justified in the case. In addition, this regulation shows that the employer who does not participate in the mediation process without a valid excuse will be obliged to pay all the trial costs and will not be entitled to attorney fees even if the case is concluded in his own court. kindness. The last sentence of the same paragraph regulates what happens if the parties
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