Introduction to Mandatory Mediation
With the amendments to the Labor Courts Law, applying to a mediator has become a mandatory cause of action (dava şartı) before filing a lawsuit for many labor disputes.
This applies specifically to claims for employee severance pay, notice pay, overtime wages, unpaid salary, and reinstatement lawsuits (işe iade).
The primary goal of this system is to reduce the heavy burden on labor courts and resolve disputes quickly, amicably, and with less expense.
Procedural Steps of Application
The employee or their attorney applies to the Mediation Bureau at the courthouse where the opposing party (employer) is located or where the work was performed.
The bureau randomly assigns an official mediator from the registry. The mediator then contacts both parties to schedule a joint meeting, which can be held in person or via teleconference.
The mediation process must generally be concluded within three weeks, with a possible one-week extension in exceptional circumstances.
Legal Consequences of Reaching an Agreement
If the employee and employer reach an agreement during the negotiations, a final mediation protocol is drafted and signed by all parties and the mediator.
This signed protocol holds the legal power of a court judgment (ilam). If the employer fails to pay the agreed amount, the employee can initiate direct enforcement proceedings without needing to file a lawsuit.
Once a dispute is settled via mediation, the employee cannot file a lawsuit for the same claims in the future.
What Happens in Case of Non-Agreement?
If the parties cannot find common ground, the mediator drafts a 'non-agreement final minute' (anlaşamama son tutanağı).
The claimant must attach the original or an e-signed copy of this minute to their petition when filing a formal lawsuit in the Labor Court. Without this document, the court will dismiss the case on procedural grounds.