Mediation is used as a fast, effective and conciliatory alternative dispute resolution method in resolving disputes between employees and employers. The mediation process regarding labor receivables includes rights such as wages, overtime wages, severance pay, notice pay, which the employee will receive from the employer. Mediation in employee-employer disputes is a dispute resolution method in which a neutral third party (mediator) is involved.
Arabuluculuk süreci genellikle aşağıdaki adımlardan oluşur:
- Application and Selection of Mediator: When the employee or employer has a dispute regarding labor receivables, they apply to the mediator to initiate the mediation process. Applications are made through a mediation center or a designated mediation institution. A mediator is appointed by specifying the requests of the parties and the subject of the dispute.
- Meetings and Negotiations: The parties come together in meetings accompanied by the mediator. The mediator facilitates communication between the parties, listens and guides the parties to understand the essence of the problem. The parties express their views and demands. In the negotiations, the mediator encourages the parties to move towards reconciliation and proposes alternative solutions.
- Reaching an Agreement: At the end of the mediation process, if the parties reach an agreement, the text of the agreement is prepared and signed by the parties. The agreement includes the terms and solution mutually accepted by the parties. This agreement is a legal document and binding on the parties.
- Judicial remedy: If no agreement is reached during the mediation process or if one party does not accept the agreement, the parties have the right to apply for judicial remedy. The dispute is resolved in the relevant court and the judicial process begins.
The mediation process provides a faster, more cost-effective, efficient and conciliatory solution than the court process. Through mediation, the parties can reach an agreement by protecting their own demands and interests. However, the mediation process may not always be fruitful. If the parties cannot reach an agreement, or if one party refuses to accept an agreement, the dispute may lead to a court proceeding.
One of the important points in the mediation process is to follow the deadline for applying to the mediator in order for the employee to file a lawsuit at the labor court in case no agreement is reached at the end of the mediation activity. The employee who applies to the mediator for reinstatement must apply to the mediator within one month from the termination notice. In addition, the importance of participation in mediation negotiations and the sanctions for not attending the first meeting should also be taken into consideration.
How to Apply for Mediation in Labor Cases?
The application for mediation in employment cases is made directly by the employee or employer to the authorized mediation office or center in the place where the labor dispute is located. This application usually starts with the filling of an application form and includes the contact information of the parties and detailed information about the subject matter of the dispute. The parties prepare the necessary documents and submit the application to the authorized mediation office. Once the application is accepted, the parties come together for mediation negotiations and negotiations take place on the date and at the place determined by the mediator. Before applying for mediation, the worker or employer may seek advice or legal assistance from local jurisdictions. It is also important to seek information from the competent mediation office or mediation center about the details of the mediation process and the application procedures.
Who Pays the Mediation Fee in Labor Cases?
In labor cases, the parties usually pay the mediation fee equally. The costs incurred during the mediation process may be shared fairly between the employee and the employer. However, when an agreement is reached between the parties at the end of the mediation process, the parties shall share the mediation fee as they wish in accordance with this agreement. If no agreement is reached at the end of the mediation process and a trial is initiated, some or all of the trial expenses determined by the court shall be borne by one of the parties. The party who does not participate in the mediation process is obliged to pay the mediation expenses even if he/she is found right at the end of the trial.
How many days after the mediation should the lawsuit be filed?
The time period for filing a lawsuit after the mediation process is related to various legal periods set out in Turkish Law and may vary depending on the nature of the dispute. In labor cases, the time period for filing a lawsuit after mediation may be subject to the relevant provisions of the Labor Courts Law in relation to the labor dispute. For example, if a lawsuit is to be filed for reinstatement due to the termination of the employment contract, the employee has the right to file a lawsuit after mediation according to Turkish Law. However, the time to file a lawsuit varies depending on the type of dispute and the relevant legal regulations. Therefore, the time to file a lawsuit after the mediation process should first be determined by looking at the relevant legislation. In order to preserve the right to file a lawsuit after the mediation process, the employee or employer should pay attention to the legal deadlines and seek legal advice when necessary.
