Introduction
Disputes arising from employment relationships can have serious consequences for both employees and employers. In Turkey, mediation became a mandatory step for many labor law-related conflicts as of 2018. This process allows both parties to resolve disputes amicably and avoid lengthy court proceedings.
Common Types of Employment Disputes
- Unjust termination and reinstatement claims
- Severance and notice pay
- Overtime, weekend, and holiday wage claims
- Annual leave compensation
- Psychological harassment (mobbing) allegations
- Non-payment of wages or benefits
How to Apply for Mediation & Required Documents
To initiate mediation, either party (employee or employer) can apply to the authorized mediation bureau. Required documents may include:
- ID or passport
- Employment contract (if available)
- Payslips, termination notice, or warning letters
- Calculation of claimed compensation or unpaid wages
A mediator is assigned within a few days, and the process usually concludes within 3 weeks, extendable by 1 additional week if needed.
Negotiation Process and Legal Effect of the Agreement
If both parties reach an agreement during mediation, a written settlement document is prepared and signed. This document has the same legal force as a court judgment and can be enforced if necessary.
Because of this, it is essential that both parties clearly understand what rights they are asserting or waiving before signing.
What Should the Parties Keep in Mind?
- Seeking legal advice is strongly recommended to avoid losing any legal rights.
- The terms of the settlement should be written in clear and enforceable language.
- Employers should view the process not just as a legal obligation, but also as an opportunity to protect workplace peace and reputation.
- Employees should support their claims with evidence and documentation.
Conclusion
Mediation in labor law provides a practical, efficient, and less confrontational method of resolving disputes. When handled properly, it can help both employers and employees reach a fair solution without resorting to court.
To learn more or get assistance with employment-related mediation, feel free to contact our experienced legal team.
