The Ministry of Justice has presented a legislative package for public discussion, which proposes mandatory mediation in labor disputes. Under current regulations, labor disputes are resolved through the courts, while seeking mediation is left to the discretion of the parties. The proposal aims to make mediation a mandatory prerequisite before approaching the court.
In the justifications for the proposed amendments to the Law on Mediation, as well as the Labor and Civil Codes, it is stated that the introduction of mandatory mediation will become the fastest means for workers to protect their rights, without lengthy and costly court processes. Additionally, courts will be relieved, as a significant portion of disputes will be resolved out of court.
Specifically, in individual labor disputes related to changes, termination of employment contracts, or disciplinary actions against employees, as well as in collective labor disputes, mediation will become mandatory before going to court.
The requirement for mandatory mediation will not apply to disputes related to transitioning to public or alternative service, conducting it, being dismissed from service, or being subjected to disciplinary action during service.
“For workers, mediation is the fastest way to achieve justice, allowing them to avoid years of uncertainty. Extrajudicial procedures are characterized by their speed and accessibility, enabling workers to protect their rights without getting involved in complex and costly court processes,” the justification states.
The expected amendments to the Civil Code aim to ensure legal certainty and guarantee the unimpeded realization of the right to judicial protection in cases where the law establishes a preliminary mandatory mediation requirement.
In particular, if a mediation process has begun, the statute of limitations for claims will be suspended from the moment mediation begins until its completion. This allows a party dissatisfied with mediation to seek judicial protection.
The international experience in this field has also been studied. For instance, in Spain, the United Kingdom, and Italy, effective mechanisms for mandatory preliminary mediation have been implemented to reduce court congestion and enhance the efficiency of labor justice.
