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29 November 2017
On October 25 2017 the Labour Courts Act (7036) was published in the Official Gazette and officially came into effect. The act aims to ease the judiciary's workload and accelerate the judicial process in employment cases. It has introduced a number of changes, the most important of which include:
The act also amends several pieces of legislation, including:
Under the act, mediation must be undertaken before initiating lawsuits regarding:
Mandatory mediation is not applicable to claims involving pecuniary and non-pecuniary damages that arise from occupational accidents and illnesses.
The mediation phase must be completed within three weeks and the mediator must deliver his or her decision on the application within this period. If required, the mediator can extend this period by a maximum of one week.
If the parties do not apply for mandatory mediation before filing the above lawsuits, their claim will be dismissed due to the lack of requirements to initiate a lawsuit, as provided under the Procedural Code. In such cases, the court will grant no additional time to the parties to correct the deficiency. Instead, it will dismiss the claim based on procedural grounds. At that point, in terms of reinstatement actions, the employee will have the right to apply for mediation within two weeks from the finalisation of the court's dismissal decision.
The regulations regarding mandatory mediation will come into force on January 1 2018.
The act has introduced the following changes to reinstatement cases, among others:
Under the act, the statute of limitations is five years for claiming:
For further information on this topic please contact Riza Gümbüşoğlu or Beril Yayla Sapan at Gün & Partners by telephone (+90 212 354 00 00) or email (firstname.lastname@example.org or email@example.com). The Gün & Partners website can be accessed at www.gun.av.tr.
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