The
new legislation is on the way to prevent parties filing a lawsuit in Labor
Courts for their claims of wages and re-employment.
In today’s complex business world, settling the grievances and disputes
between employers and employees is an important issue, and many countries are
introducing alternative dispute resolution enabling the parties to reach
out-of- court settlements which are time saving and less costly in comparison
with litigation.
In order to lessen the heavy burden of labor courts, Turkish government
prepared a “Labor Courts Law Draft, which stipulates that the parties will be
obliged to resort to arbitrator in the first place instead of litigation
process for their labor disputes and conflicts.
Workers' claims arising from employment contract and collective
bargaining agreements and re-employment claims shall be referred to arbitration
before initiating a lawsuit. Unless the parties reach an agreement they may
resort to labor courts.
Parties may choose, by a mutual agreement, an arbitrator recorded in
“registry of arbitrator.” Application should be made to arbitrator office where
the opposite party established. And the arbitrator finalizes the claims within
3 weeks or in case of force major in 4 weeks at the most.
Arbitrator will inform and invite the parties for a meeting through
every communication instruments possible and send the final report to the
arbitrator office at the end of the negotiation.
Parties may join the negotiations themselves, or by their legal
representatives or their lawyers.
The expert that can contribute to reconciliation may be kept available
in the negotiation.
During the period between resorting the arbitrator and the final report
is prepared, period of limitation and statutory limitation will rest.
The law draft has been sent to relevant
state institutions and organizations for taking their opinion on the matter and
expected to in the Parliament oncoming weeks; we continue to keep you on the
developments.
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