Newsletter-21

337 LABOR LAW Draft Law on Labor Courts* Att. Nilsun Gursoy The Draft Law on Labor Courts (“Draft Law”) was submitted for the opinion of the relevant entities on 23.03.2016 1 . The Draft Law provides the principles for mandatory mediations, in addition to the procedures for the establishment, duties, and operation of the labor courts. Mandatory mediation regarding labor disputes will be accepted for the first time under Turkish Law through the enactment of the Draft Law. Additionally, Labor Code No. 4857 2 , Law No. 6325 on the Mediation Regarding Judicial Disputes 3 (“Law No. 6325”) and Law No. 6356 on Trade Unions and Collective Labor Contracts 4 will also be amended in accordance with the Draft Law. We will assess the principles and procedures for mandatory mediations in labor disputes in this Newsletter. Mandatory Mediation Art. 3 of the Draft Law provides that any claim regarding the employee’s receivables in relation to the individual or collective em- ployment contracts and re-employment of the employee is subject to mediation prior to any lawsuit; otherwise, the lawsuit shall be rejected on the basis of the absence of conditions that constitute an action in accordance with Art. 115 of the Code of Civil Procedure (“CPC”). The application shall be submitted to the mediation office located in the counterparty’s domicile or place of work. If there is more than one counterparty, the application shall be submitted to the mediation office located in the domicile of one of the parties. * Article of May 2016 1 See: http://www.adalet.gov.tr/Tasarilar/ (Access date: 23.06.2016). 2 Official Gazette dated 10.06. 2003 and numbered 25134. 3 Official Gazette dated 22.06.2012 and numbered 28331. 4 Official Gazette dated 07.11.2012 and numbered 28460.