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