Türkiye: Mediation is Now a Pre-Requirement for All Types of Employment-Related Lawsuits

Authors: Ipek Unlu Tik and A. Kaan Baser

In Turkey, a party of an employment relationship is legally obligated to apply to mediation proceedings before filing a lawsuit concerning employment receivables, compensation, or re-institution. If the parties cannot reach a mutual agreement during the mediation proceedings, the party who has applied to mediation will then have the right to file a lawsuit.

The new amendment has expanded the afore-mentioned mediation requirement for all types of employment-related lawsuits. Once the change enters into effect, parties of an employment relationship will also be required to apply to mediation proceedings before being able to file:

• An action for annulment of objection (concerning execution proceedings between parties of an employment relationship)
• A negative declaratory action
• An action for restitution

The amended provision will enter into force on 01.09.2023. Following the afore-mentioned date, all types of employment-related disputes will become subject to mediation as a pre-requirement.

Key Points

• Parties of an employment relationship will be required to apply to mediation for all types of employment disputes.
• The amendment will enter into force on 01.09.2023.