Mandatory Mediation in Employment Disputes in Turkey

Introduction to Labor Mediation

Since January 1, 2018, applying for mediation is a mandatory prerequisite (dava şartı) for filing most employment-related lawsuits in Turkey. This reform aimed to reduce the heavy caseload of Labor Courts and provide faster resolution for workers and employers.

If you file a lawsuit directly without exhausting the mediation step, your case will be rejected on procedural grounds immediately.

Which Cases Require Mediation?

Almost all disputes between employee and employer arising from the employment contract require mandatory mediation:

1. Monetary Claims (Worker Receivables)

• Severance Pay (Kıdem Tazminatı)
• Notice Pay (İhbar Tazminatı)
• Overtime Wages (Fazla Mesai)
• Annual Leave Pay
• Unpaid Salaries and Bonuses
• National Holiday and Weekend Pay

2. Reinstatement Claims (İşe İade)

• Lawsuits challenging the validity of termination
• Seeking return to the job
• Compensation for “idle time” and “non-reinstatement”

3. Employer Claims

• Notice pay owed by employee (for abrupt resignation)
• Compensation for damages caused by employee
• Training cost reimbursement

Exception

Mediation is not mandatory for disputes arising from work accidents or occupational diseases (e.g., material or moral compensation for injury). These can be filed directly in Labor Court.

The Mediation Process

Step 1: Application

• Apply to the Mediation Bureau at the courthouse where the opposing party resides or where the workplace is located.
• Application is free of charge.
• Can be done personally or through a Attorney (UYAP).

Step 2: Mediator Appointment

• The system appoints a registered mediator from the list.
• The mediator contacts both parties to schedule the first meeting.

Step 3: Meetings

• The mediator acts as a neutral facilitator, not a judge.
• Discussions are confidential. Statements made during mediation cannot be used as evidence in court later.
• Parties can attend in person or be represented by Attorneys.

Step 4: Duration

• The process must be completed within 3 weeks, extendable by 1 week (Max 4 weeks total).
• It is much faster than the 1-2 year average for court cases.

Outcomes and Legal Effect

If Agreement is Reached (Anlaşma)

• Parties sign a Settlement Agreement.
• This document has the force of a final court verdict (ilam niteliğinde).
• It can be enforced directly through Execution Offices.
• Once signed, you cannot sue for the same items again.

If No Agreement (Anlaşmama)

• Mediator issues a “Final Disagreement Report.”
• The plaintiff (worker) must attach this report to their lawsuit petition.
• The path to Labor Court is now open.

Costs

• If mediation fails: The Ministry of Justice pays the mediator’s fee for the first two hours. This cost is later collected from the losing party in the lawsuit as “trial expense.”
• If agreement is reached: The mediator’s fee is determined by the minimum wage tariff (often split 50/50, or paid by the employer as part of the deal).

Reinstatement (İşe İade) Specifics

For reinstatement claims, the deadlines are strict:

1. Application: Must apply for mediation within 1 month of the termination notice.
2. Lawsuit: If mediation fails, must file the lawsuit within 2 weeks of the final report.
3. Settlement: If agreed, the agreement must specify:
   • Date of return to work
   • Wages for idle time (up to 4 months)
   • Compensation if employer later refuses reinstatement (4-8 months)

Why Use a Attorney in Mediation?

While not mandatory, having a Attorney is crucial because:

• Calculation Accuracy: Employers often offer amounts lower than legal entitlements. A Attorney calculates your true claim (severance + overtime + interest).
• Binding Nature: Once you sign “I release the employer from all debts,” you cannot claim anything later, even if you realized you were underpaid.
• Negotiation Strategy: Attorneys ensure you don’t accept unfair terms under pressure.

Legal Support: We represent workers and employers in mandatory mediation processes, ensuring rights are calculated correctly and protected. Contact us for assistance.

Professional Legal Support

Contact us for professional legal assistance on this matter.

📞 Call Now: +90 332 351 51 52

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.