The mandatory mediation activity, which came into force on 01.01.2018, is the activity of resolving the dispute by the parties producing the most appropriate solutions regarding their dispute with the contributions of an independent and impartial third party.he mandatory mediation activity, which came into force on 01.01.2018, is the activity of resolving the dispute by the parties producing the most appropriate solutions regarding their dispute with the contributions of an independent and impartial third party. 3/1 of the Labor Courts Law No. 7036 entitled ‘Mediation as a Condition of Litigation’. in the article, it has been made mandatory to resort to the mediation method in certain types of cases. According to the text of the article, ‘In cases filed with a request for return to work and compensation that an employee or employer will receive based on the law, individual or collective bargaining agreement, it is a condition of the case that an intermediary has been contacted.’ it is said.
In the case of severance pay, notice compensation, bad faith compensation, inequality compensation, trade union compensation, mobbing compensation, wages, bonuses, overtime pay, annual leave pay, week holiday pay, national holiday and general holiday pay and similar labor receivables that may be requested by the employee, mediation should be initiated.n the case of severance pay, notice compensation, bad faith compensation, inequality compensation, trade union compensation, mobbing compensation, wages, bonuses, overtime pay, annual leave pay, week holiday pay, national holiday and general holiday pay and similar labor receivables that may be requested by the employee, mediation should be initiated. Unlike the above-mentioned receivable items, the legislator is subject to Art. 7036 of the Labor Courts Law. With the 3/3 regulation, “Material or moral compensation cases arising from work accidents or occupational diseases and related determination, objection and recourse cases are excluded from the scope.” It has removed mediation from being a condition for filing a lawsuit for the cases listed in the articleith the 3/3 regulation, “Material or moral compensation cases arising from work accidents or occupational diseases and related determination, objection and recourse cases are excluded from the scope.” It has remov3/3 regulation, “Material or moral compensation cases arising from work accidents or occupational diseases and related determination, objection and recourse cases are excluded from the scope.” It has removed mediation from being a condition for filing a lawsuit for the cases listed in the article. In cases of material and moral compensation caused by a work accident or occupational disease, especially in cases of article 3/3 of the law, a direct lawsuit may be filed without resorting to mandatory mediation.
FILING A LAWSUIT WITHOUT RESORTING TO MEDIATION
Article 3/2 of the Labor Courts Law No. 7036 m. regulates the consequences of filing a lawsuit without going through mandatory mediation 3/2 of the Labor Courts Law No. 7036 . regulates the consequences of filing a lawsuit without going through mandatory mediation. It is stated that “if it is understood that a lawsuit has been filed withrticle 3/2 of the Labor Courts Law No. 7036 m. regulates the consequences of filing a lawsuit without going through mandatory mediation. It is stated that “if it is understood that a lawsuit has been filed without resorting to mediation, the case will be dismissed on procedural grounds due to the absence of a condition without taking any action.” If the final report is not added to the case file despite the mediation process being initiated, the “plaintiff is obliged to attach the original of the final report regarding the failure to reach an agreement at the end of the mediation process or an approved copy by the mediator to the petition. If this obligation is not complied with, the court sends an invitation to the plaintiff containing a warning that the final report must be submitted to the court within a one-week definitive period, otherwise the case will be dismissed on procedural grounds.f this obligation is not complied with, the court sends an invitation to the plaintiff containing a warning that the final report must be submitted to the court within a one-week definitive period, otherwise the case will be dismissed on procedural grounds. If the requirement of the warning is not fulfilled, it is decided to disf this obligation is not complied with, the court sends an invitation to the plaintiff containing a warning that the final report must be submitted to the court within a one-week definitive period, otherwise the case will be dismissed on procedural grounds. If the requirement of the warning is not fulfilled, it is decided to dismiss the case procedurally without notifying the other party of the lawsuit petition.” it is said. In order for the applicants not to suffer loss of rights, it is essential that they pay attention to the case condition contained in the specified regulations.
APPLICATION PERIOD
With Law No. 7036, the time limit for filing an application in cases arising from reinstatement and the time limit for completing the process and the effect of the application on the time limits have been regulated. 11ith Law No. 7036, the time limit for filing an application in cases arising from reinstatement and the time limit for completing the process and the effect of the application on the time limits have been regulated. 11. article provision “An employee whose employment contract has been terminated must apply to an intermediary in accordance with the provisions of the Labor Courts Law with a request to return to work within one month from the date of notification of the termination notice with the claim that the reason was not given in the termination notice or that the reason shown is not a valid reason.” that’s the way it is. According to this regulation, it is necessary to apply for mediation within 1 month from the date of notification of the notice of termination. 3 Of the law on how soon the legislator mediator must complete his/her activity. article 10. he edited it in his joke.ccording to this regulation, it is necessary to apply for mediation within 1 month from the date of notification of the notice of termination. 3 Of the law on how soon the legislator mediding to this regulation, it is necessary to apply for mediation within 1 month from the date of notification of the notice of termination. 3 Of the law on how soon the legislator mediator must complete his/her activity. article 10. he edited it in his joke. “The mediator shall conclude the application within three weeks from the date of his/her assignment. In case of necessity, this period may be extended by the mediator for a maximum of one week.” The legislator has not regulated the circumstances that require a mandatory extension in a casuistic manner, but has granted the right to extend the period by one week according to the requirements of the situation. The inability of the parties to reach an agreement at the end of the mediation activity “If an agreement cannot be reached at the end of the mediation activity, a lawsuit may be filed at the labor court within two weeks from the date of the last minute.” is arranged in the form of.he inability of the parties to reach an agreement at the end of the mediation activity “If an agreement cannot be reached at the end of the mediation activity, a lawsuit may be filed at the labor court within two weeks from the date of the last minute.” is arranged in the form of. The two-weekhe inability of the parties to reach an agreement at the end of the mediation activity “If an agreement cannot be reached at the end of the mediation activity, a lawsuit may be filed at the labor court within two weeks from the date of the last minute.” is arranged in the form of. The two-week trial opening period starts on the date of the last minute of the mediator. This two-week period is a reduced period of rights and will cause loss of rights if a lawsuit is not filed. The effect of the application to compulsory mediation on the duration of litigation 3 of the law. article 17. it is arranged in the joke. “In the period from the application to the mediation office until the date of the last record, the statute of limitations stops and the right reduction period does not apply.” according to the provision, the statute of limitations periods will stop from the date of filing an application for mediation activity until the date of issuing the last minutes, and the right reduction periods will not be processed.In the period from the application to the mediation office until the date of the last record, the statute of limitations stops and the right reduction period does not apply.” according to the provision, the statute of limitations periods will stop from the date of filing an application for mediation activity until the date of issuing the last minutes, and the right reduction periods will not be processed.
MEDIATION FEE
The Labor Courts Law No. 7036 also regulates the fees related to mediation activities. No fee is charged from the applicant for applyingThe Labor Courts Law No. 7036 also regulates the fees related to mediation activities. No fee is charged from the applicant for applying to mediation activities. Article of the lawregulation 3/13 “In case the parties agree at the end of the mediation activity, the mediation fee shall be borne equally by the parties, unless otherwise agreed according to the Second Part of the Mediation Fee Tariff October of the Mediation Minimum Wage Tariff.” it is in the form of. According to this regulation, in the absence of an agreement between the parties and another agreement to the contrary, it is covered equally by the parties. According to the following regulation, if an agreement is reached on reinstatement, the calculation will be made over the wages the worker will receive, and if there is no agreement to the contrary, the parties will payding to this regulation, in the absence of an agreement between the parties and another agreement to the contrary, it is covered equally by the parties. According to the following regulation, if an agreement is reached on reinstatement, the calculation will be made over the wages the worker will receive, and if there is no agreement to the contrary, the parties will pay this amount equally. The next paragraph of the same article regulates the situation where the parties cannot reach an agreement. The said regulation states that “in cases where the parties cannot be reached at the end of the mediation activity, no meeting can be held because the parties do not participate, or the parties cannot reach an agreement at the end of the meetings that last less than two hours, the fee for two hours is paid from the budget of the Ministry of Justice according to the First Part of the Tariff.he said regulation states that “in cases where the parties cannot be reached at the end of the mediation activity, no meeting can be held because the parties do not participate, or the parties cannot reach an agreement at the end of the meetings that last less than two hours, the fee for two hours is paid from the budget of the Ministry of Justice according to the First Part of the Tariff.” According to the regulation, if the negotiations take less than two hours, the expenses are paid from the Ministry of Justice budget. In this respect, the mediation system is a cheaper method than applying to court.
Finally, it is necessary to mention the situation where the parties do not participate in the mediation activity. Article of the lawFinally, it is necessary to mention the situation where the parties do not participate in the mediation activity. Article of the lawregulation 3/12 is as follows: ”In case of termination of mediation activity due to one of the parties not attending the first meeting without giving a valid excuse, the party who did not attend the meeting is indicated in the last minutes and this party is held responsible for the entire cost 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 that did not attend the meeting is specified in the final report and is held responsible for the entire trial expense, even if this party is partially or completely justified in the case.ccordingly, if the mediation activity is terminated due to one of the parties not attending the first meeting without a valid excuse, the party that did not attend the meeting is specified in the final report and is held responsible for the entire trial expense, even if this 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 providing a valid excuse will have to pay all the trial expenses, even if the case is justified, and will not receive a proxy fee even if the case is concluded in favor. The last sentence of the same article contains a regulation regarding what will happen if the parties do not attend the first meeting. The regulation is as follows: “In cases filed upon the mediation activity that ends due to the failure of both parties to attend the first meeting, the parties’ trial expenses are left on themselveshe last sentence of the same article contains a regulation regarding what will happen if the parties do not attend the first meeting. The regulation is as follows: “In cases filed up