Share on LinkedInShare on LinkedIn

ARTICLE · 13 NOVEMBER 2018

Legislative Proposal To Amend Mandatory Mediation On Labour Disputes

Article 3 of the Law sets out a mandatory mediation requirement as a precondition to the commencement of formal litigation for certain labour law claims.

TurkeyLitigation, Mediation & Arbitration

Introduction

The legislative proposal submitted on 15 October 2018 (the "Proposal") constitutes a motion to amend Article 3 of Law No. 7036 on Labour Courts, published in the Official Gazette dated 25 October 2017 and numbered 30221 (the "Labour Courts Law").

Article 3 of the Law sets out a mandatory mediation requirement as a precondition to the commencement of formal litigation for certain labour law claims. Accordingly, where mediation is prescribed as a precondition, the claimant is obliged to first apply to mandatory mediation and any subsequent application to courts will require that the claimant presents a final mediation protocol demonstrating that the parties were unable to reach an agreement. Pursuant to the Regulation pertaining to the Law on Mediation concerning Civil Disputes, published in the Official Gazette dated 2 June 2018 and numbered 30439 (the "Mediation Regulation"), failing to do so leads to the direct rejection of the lawsuit petition

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from