Mediation became a legal obligation or the CAUSE OF ACTION for most of the cases resulting from mediation in labour law, after certain amendments were made to the scope of the first Mediation Legislation, Law No. 6325 through the adoption of Labour Courts Law numbered 7036. In the first sub-article of Article 3 of the new Labour Courts Law numbered 7036 (the New Law), it has been clearly expressed that mediation in cases concerning the employee’s or employer’s debt, compensation and reinstatement claims has become mandatory.

In this regard, according to the second sub-article of Article 3 of this New Law, employees and employers and/or the lawful representatives and lawyers “have to add the original version of the final report or the approved copy of the final report concerning the fact that an agreement could not reached at the end of the mediation process to the lawsuit petition. In case it is not complied with this legal obligation, an invitation, which includes a warning that the final report should be submitted to the court in a week’s time in a peremptory sense, otherwise the case will be dismissed without prejudice, is sent to the party plaintiff by the court. If what is necessary is not realized, a judgment of dismissal without prejudice is rendered without the need to process the lawsuit petition to the opposing party.”

Your case will be dismissed without examination when the mediator is not applied to for the cases and legal affairs below.

1. Cases in relation to reinstatement / reinstatement claims
2. Cases in relation to compensation for the period of unemployment
3. Cases in relation to compensation for preventing the start date of employment
4. Cases in relation to severance pay claim
5. Cases in relation to payment in lieu of notice
6. Cases in relation to compensation for bad faith damages
7. Cases in relation to balance due claim
8. Cases in relation to compensation for unequal treatment
9. Cases in relation to union compensation
10. Cases in relation to unpaid wages claim
11. Cases in relation to overtime wages claim
12. Cases in relation to annual leave pay
13. Cases in relation to business travel and meal expenses
14. Cases in relation to national holiday and public holiday with pay
15. Cases in relation to premium and bonus pay