Labor Courts and the Mediation System
Disputes between workers and employers are typically resolved by filing claims in labor courts. Due to high demand, cases initiated by workers often take a very long time to conclude, creating a heavy backlog for labor courts. To reduce this congestion and speed up proceedings, a draft labor courts law has been submitted to a parliamentary subcommittee for review. The draft introduces a mandatory mediation system between workers and employers. Under this system, before filing a lawsuit, workers will be required to apply to a mediator for issues such as leave pay, severance pay, overtime compensation, working conditions, reinstatement claims, and workplace bullying (mobbing).
Mediators will handle these matters and aim to resolve applications within a maximum period of three weeks. In areas where mediators are not available, workers may submit petitions to the civil peace courts (sulh hukuk mahkemeleri) via the court registry. Once the new law is adopted, workers will be required to seek mediation before going to labor courts; lawsuits filed without first applying to a mediator will be dismissed by judges. This system is intended to both reduce the workload of labor courts and enable faster resolution of disputes, saving time for all parties.
Mediation offices will be established in all courthouses. A plaintiff will first apply at the courthouse serving the defendant’s place of residence. The Mediation Department will assign specialist mediators according to the type and subject of the application and will work to resolve the dispute within three weeks. Instead of the mediators appointed by the Mediation Department, the parties may select their own mediator. If the parties cannot agree on a mediator, the mediation office will appoint a different mediator.
Mediators will conduct a detailed review of the dispute and may issue a decision directly or extend the process by one week for compelling reasons. When a mediator issues a decision, the mediator’s fee will be paid equally by the plaintiff and the defendant. The mediator will present the proposed resolution in a setting where both parties are present and attempt to secure an agreement between the worker and the employer. If the mediator’s proposal is not accepted and no agreement is reached, the first two hours of any continued mediation services will be covered by the state; subsequent hours will be split equally between the worker and the employer.
Matters Handled by the Mediation Office
Mediation offices will consider any type of dispute between workers and employers. They will be required to examine applications brought by either the employer or the worker. Covered matters include dismissal without the worker’s consent, reinstatement claims, requests for wage increases, unpaid social security premiums, lack of adequate workplace safety measures, mobbing, failure to provide employment rights, overtime pay, and similar issues. If detailed information is needed, the workplace must provide a suitable working room and necessary equipment upon request, with the employer responsible for providing these resources.
The mediation system is expected to reduce the backlog of cases in labor court divisions and allow cases that previously took long periods to be resolved quickly. If mediation fails to produce a settlement, either the worker or the employer may still file a lawsuit in the labor court. However, if an agreement is reached through mediation, the worker cannot bring the same claim to labor court. When mediation results in an agreement that includes reinstatement, the employer must reinstate the dismissed worker within 30 days at the latest. The mediation process also affects statute-of-limitations timing: the clock is paused as of the date the mediation minutes are signed and remains suspended until the mediator issues a decision.