Draft Law on Labor Courts, which concerns 14 million workers due to the mandatory mediation of labor cases, was adopted at the General Assembly and was enacted.
Innovation brought by the law, which provides for the rejection of the proceedings before the mediator, is as follows:
Başvuru The application to the mediator in the cases that the employee or employer would receive and receive compensation and reinstatement based on individual or collective labor agreement was the condition of a lawsuit. The plaintiff will have to attach the original copy of the final record of the failure to reach an agreement with the mediator, or a sample approved by the mediator.
REJECTED BY PROCEDURE
In case of non-compliance with the obligation to apply to the mediator, the court will send an invitation to the plaintiff that the final report will be submitted within a definite period of one week, otherwise the case will be rejected. If the warning is not fulfilled, the case will be decided to be dismissed from the proceedings without the notification to the other party. If it is understood that the case has been opened without resorting to the mediator, the case will be rejected without any action. Lawyers or legal representatives of the parties may also participate in the meeting with the mediator.
EXCLUDING THESE CASES
There will be no obligation to go to the mediator about the material-moral compensation caused by occupational accident or occupational disease and the recourse cases related to them.
CASES TO GOVERNMENT
Experts who can contribute to the resolution of the dispute will also be present in the negotiations. If it is revealed that the parties cannot produce a solution, the mediator will be able to propose a solution. In the mediation negotiations, the administration will be represented by two members designated by the top manager and a commission consisting of the head of the legal unit or a lawyer or legal adviser appointed by him. The commission will issue a reasoned report at the end of the mediation negotiations and keep it for five years. Compensation cases to be filed because of the works and decisions taken by the members of the Commission as a mediation activity can only be brought against the state. The state will recourse to members of the abusers within one year of the payment date by acting in contradiction with the requirements of the duty due to the compensation paid.
Mediation offices will be established in the courthouses deemed appropriate by the Ministry to inform the applicants of mediation, to appoint mediators and to perform other duties assigned by law. The judicial court's first-instance court will appoint a chief editor and enough staff to work exclusively in these offices by the justice commission. The mediation offices will serve under the supervision and supervision of the magistrate's judiciary determined by the Council of Judges and Prosecutors. ”
An amendment to the law with a proposal also redefined the criteria for mediation. Accordingly, the conditions for the registration of mediators, the requirement not to be convicted of a deliberate crime, crimes against the security of the state, crimes against the constitutional order and the functioning of this order, even if they have been sentenced to more than one year of imprisonment or amnesty for a crime committed intentionally. , bribery, theft, fraud, forgery, misuse of trust, fraudulent bankruptcy, tender mischief, mixing the performance of the act of mischief, laundering or smuggling of the values of assets resulting from the crime, making false expert witnesses, false testimony, and not to be convicted of perjury crimes.