Employment Disputes in Turkey
Under Turkish law, labour courts have speciic jurisdiction over employment related matters. The most common subject matter of employment related disputes is the determination of the invalidity of termination, i.e. re-employment, or collection of employee receivables. The burden of proof for the validity of the termination or payment of all employee receivables in full is on the employer.
Mandatory Mediation
Newly enacted Code of Labour Courts No: 7036 introduced a mandatory mediation system in employment disputes. As per the Code, before initiating the procedures before the court, the parties must apply for mediation for the below-listed types of employment disputes:
(i). employee or employer claims for compensation relating to contracts of employment or collective bargaining agreements; or
(ii). claims for re-employment.
If the mediator’s involvement resolves the dispute, then the same dispute cannot be litigated before the courts. Where agreement cannot be reached via mediation, parties’ rights to sue are reserved. This new system to labour disputes had a very satisfactory outcome with a high success rate, which has also relieved the courts up to an extent and supported a swift resolution of such disputes.