New development
Law No. 7445 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws (“Law“) was published in the Official Gazette on 5 April 2023. Pursuant to the Law, cases where mediation is regulated as a prerequisite for filing a lawsuit under the Labor Courts Act No. 7036 have been expanded.
This legal alert provides details of the provisions of the Law that are related to labor law and their practical implications. You can access our legal alert, in which we discuss the other amendments made under the Law, here.
What does the Law regulate in terms of labor law?
According to the Law, applying to a mediator has become a prerequisite for also negative declaratory actions and the annulment of objection and restitution lawsuits related to employee or employer receivables and compensation based on individual or collective employment agreements. Under the Law, this amendment will enter into force on 1 September 2023.
Accordingly, as of 1 September 2023, parties must complete mandatory mediation process to file negative declaratory actions and annulment of objection and restitution lawsuits regarding employee or employer receivables and compensation based on individual or collective employment agreements.
Conclusion
The Law has clarified that negative declaratory actions and annulment of objection and restitution lawsuits regarding employee or employer receivables and compensation based on individual or collective employment agreements are subject to mandatory mediation. Furthermore, the introduction of mediation as a prerequisite for such lawsuits could help to decrease the current workload of labor courts.
