As of 2018, mediation is mandatory before filing a lawsuit in employment cases (Law No. 7036).
Scope
- Work receivables (severance, notice, overtime)
- Reinstatement cases
- Work accident compensation (partially)
Process
- Selection from the mediation list of the Ministry of Justice
- First meeting (within 3 weeks)
- Negotiation (6 weeks)
- Agreement → minutes
- Non-agreement → right to file a lawsuit
Agreement Document
- Decree if signed by lawyers
- Can be directly enforced
- Approval in the labor court
Non-agreement
- A report is taken
- A lawsuit can be filed in the labor court
- 2 weeks time
Advantages
- Fast (1-2 months)
- Low cost
- Flexible solution
- Mutual gain
Supreme Court 9th HD and 22nd HD
9. HD accepts that mediation agreements must be "reasonable and fair" and that agreements that are not in favor of the worker may not be implemented by the enforcement office.
Labor law attorney is recommended.