Turkish government limits right of litigation of workers

According to a new draft of Labour Law prepared by the Ministry of Justice, workers will have to apply to arbitrators before being able to open lawsuits in labour courts
Tuesday, 14 March 2017 06:16

According to a new draft of Labour Law prepared by the Ministry of Justice, workers will have to apply to arbitrators before being able to open lawsuits in labour courts. This will practically mean by-passing of labour courts.

With the draft, which is prepared by the Ministry of Justice and sent to Prime Ministry, workers will have to apply to arbitrators in case of a dispute between workers and employers.

When a worker, who work either under an individual agreement or under a collective agreement apply to a Labour Court in relation to subjects including payment demands, compensation demands, reemployment demands, the Court will require the peevious application to an arbitrator. If there is not any arbitrator process concluded in relation to this subject, the Court will dismiss the case.
Labour Courts will only accept lawsuits about occupational "accidents" and compensation demands for occupational diseases without the condition of a finalised arbitration process.

"DISPUTES WILL BE SOLVED IN A COUPLE OF DAYS" 

Ministry of Justice justifies this new regulation claiming that it will reduce the burden on the Supreme Court. Ministry of Justice also claims that if this draft is enacted, disputes between workers and employers will be solved in a couple of days, or in 3 weeks at maximum.