The mediation institution took its place in our legal system in 2012. As of 2018, the practice of applying to a mediator in labour proceedings has been introduced and the mediation institution has been included in the scope of labour law as of 2018.
What is Mandatory Mediation?
According to the Labour Courts Law; mediation is regulated as a condition of litigation in labour proceedings arising from individual or collective labour agreements.
According to the law, the labour cases within the scope of mandatory mediation are as follows:
- Re-employment case,
- Lawsuits arising from notice and severance pay receivables,
- Cases arising from idle time and non-employment compensation,
- Cases arising from overtime, general holiday and annual leave pay,
- Lawsuits arising from wage (salary) receivables,
- Cases arising from trade union compensation,
- Cases arising from travelling, catering, premium and bonus wages.
What is Optional Mediation?
In labour disputes, although the parties are not obliged to go to a mediator, applying to a mediator before filing a lawsuit for the resolution of the dispute is defined as voluntary mediation. The employee or employer may apply for voluntary mediation for any private law dispute that they can freely dispose of.
In labour law, the cases and works that are eligible for voluntary mediation are generally material and moral compensation cases. Therefore, compensation claims arising from disability (disability) or death due to work accidents and compensation claims for deprivation of support are within the scope of voluntary mediation.
Who Pays the Mediation Fee?
The mediation fee is determined in accordance with the Mediation Law and, unless otherwise agreed, according to the Mediator Minimum Fee Tariff on the date the activity ends. Mediation fees and expenses are paid equally by the parties. However, one of the parties may pay the entire mediation fee itself.