The “Labor Courts Code no 7036” which introduces a mandatory mediation mechanism, and which governs the establishment, jurisdiction, tasks and trial procedures of the labor courts, has been published in the Official Gazette dated 25.10.2017. Article 3 which governs the condition to apply to the mediator under the Code, and Articles 11 and 12 which contain the “abolished provisions”, will enter into force as of 1 January 2018.
Pursuant to the said Code, applying to a mediator at the first stage, shall be sought for as a cause of action in lawsuits to be instituted with a claim for employee/ employer receivables/compensation or re-employment claim, based on personal or collective labor contracts. Matters in dispute for which one must apply to mediation, including any claim for receivables or compensation, should arise from the employment relation. In this kind of cases, in case one directly initiates a lawsuit, the relevant court shall duly dismiss the case due to lack of cause of action.