Regulation on the work and functioning of Labor Courts has been introduced in the law No. 7036, which entered into force on 01.01.2018. 6 Of the Law. in the article, the authority of the labor courts is regulated.egulation on the work and functioning of Labor Courts has been introduced in the law No. 7036, which entered into force on 01.01.2018. 6 Of the Law. in the article, the authority of the labor courts is regulagulation on the work and functioning of Labor Courts has been introduced in the law No. 7036, which entered into force on 01.01.2018. 6 Of the Law. in the article, the authority of the labor courts is regulated. The new law has not introduced any innovations regarding the jurisdiction of labor courts according to the authority regulation in Law No. 5521.
6 REGARDING THE AUTHORITY. ACCORDING TO THE ARTICLE REGULATION;
“(1) In cases to be filed in labor courts, the competent court is the settlement court of the defendant natural or legal person on the date of opening of the case and the court of the place where the work or transaction was 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 place where the occupational accident or damage occurred and the settlement court of the injured employee are also authorized.) 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 place where the occupational accident or damage occurred and the settlement court of the injured employee are also authorized.
(4) The provisions contained in other laws regarding the powers of the labour courts are reserved.
(5) Power of attorney agreements that violate the provisions of this article are invalid.”terms of mediation application, an application must be made to the mediation center in the district where the workplace or workplace center is located5) Power of attorney agreements that violate the provisions of this article are invalid.” It was stated. In terms of mediation application, an application must be made to the mediation center in the district where the workplace or workplace center is located. For example, in accordance with the provisions related to the author(5) Power of attorney agreements that violate the provisions of this article are invalid.” It was stated. In terms of mediation application, an application must be made to the mediation center in the district where the workplace or workplace center is located. For example, in accordance with the provisions related to the authority, the mediation application will be made to the mediation office located in Küçükçekmece, although the competent court is the Bakırköy Courthouse in a business case to be opened for a workplace located within the jurisdiction of the Küçükçekmece Courthouse.
NEW REGULATION ON THE STATUTE OF LIMITATIONS IN TERMS OF SOME EMPLOYMENT RIGHTS.
With the law numbered 7036, there has been a change regarding the statute of limitations for labor receivables to be filed as of 01.01.2018.ith the law numbered 7036, there has been a change regarding the statute of limitations for labor receivables to be filed as of 01.01.2018. The statute of limitations for compensation types such as annual leave fee, severance pay, notice compensatioith the law numbered 7036, there has been a change regarding the statute of limitations for labor receivables to be filed as of 01.01.2018. The statute of limitations for compensation types such as annual leave fee, severance pay, notice compensation, bad faith compensation has been reduced from ten years to five years as of 25.10.2017, provided that it is due to an employment contract. With the article of Law No. 7036, the following additional article was added to Law No. 4857.
ADDITIONAL ARTICLE 3- Regardless of which law is subject to, provided that it arises from an employment contract, the annual leave fee and the statute of limitations for the compensation specified below are five years. Oct.
a) Severance payADDITIONAL ARTICLE 3- Regardless of which law is subject to, provided that it arises from an employment contract, the Compensation arising from the termination of the employment contract without complying with the notice requirement.
c) Bad faith compensation.
d) Compensation arising from the termination of the employment contract without complying with the principle of equal treatment.”
According to the mentioned regulation, the statute of limitations for certain receivable items will now be calculated as five years. It is necessary for the employee to file a lawsuit requesting labor receivables within 5 years from the date of leaving work, and if no lawsuit is filed within this period, the rights related to labor receivables will disappear.cording to the mentioned regulation, the statute of limitations for certain receivable items will now be calculated as five years. It is necessary for the employee to file a lawsuit requesting labor receivables within 5 years from the date of leaving work, and if no lawsuit is filed within this period, the rights related to labor receivables will disappear.
ADDITIONAL INFORMATION: THE STATUS OF THE SUBCONTRACTOR EMPLOYEE(SUBCONTRACTOR) WITH THE NEW LAW Oct.
With Law No. 7036, an arrangement has been made to concern workers employed within the principal employer – sub-employer relationship.ith Law No. 7036, an arrangement has been made to concern workers employed within the principal employer – sub-employer relationship. Article of the law regulation 3/15 “When a mediator is contacted with a request for a return to work in the presence of a principal employer-subcontractor relationship, it is sought that employers parith Law No. 7036, an arrangement has been made to concern workers employed within the principal employer – sub-employer relationship. Article of the law regulation 3/15 “When a mediator is contacted with a request for a return to work in the presence of a principal employer-subcontractor relationship, it is sought that employers participate in mediation negotiations together and that their wills comply with each other in order for the agreement to be realized.” that’s the way it is. According to this regulation, if mediation is applied for, the main employer and the sub-employer must participate together and their wills must be in accordance with each other. If a worker goes to mediation in a relationship with a subcontractor, both the main employer and the subcontractor must attend the mediation meetings and, in the case of more than one employer, their wills must be in agreement with each other during the negotiations.