Judiciary procedure applied in labor courts

The rights and legal status of workers have evolved and developed continuously over time. As a result of this change and development, the way that workers have to follow to reach their rights has been accelerated and facilitated. In our country, Law on Labor Courts No. 5521 entered into force on August 4, 1950. Labor courts have been established as a specialized court and it is aimed to resolve labor disputes more quickly by specialized judges in the labor judiciary. As a result of the dynamism of business life, Law No. 5521 has become insufficient over time and it is inevitable to change the judicial procedure to be applied in labor courts. In order to provide solutions to the problems in this context, Labor Law No. 7036adopted on 12/10/2017 entered into force on 25/10/2017. In addition, Law No. 6100 on Civil Procedure in 2011 and Law No. 6325 on Mediation in Civil Disputes entered into force in 2012. In cases where there are no provisions in Law no. 7036, the provisions of the Code of Civil Procedure will apply. With the Law No. 7036, the law requires the applicant to apply to a mediator as a condition of a lawsuit in cases filed with an employee or employer based on an individual or collective bargaining agreement and for compensation and reinstatement (Law on Labor Courts (İş MK),Art.3), the labor courts arising from the provisions of the Turkish Code of Obligations and the date of application to the remedies and the commencement date of this period have been brought into line with the Law of Civil Procedure (İş. MK. Art. 7) and the possibility of appealing against a number of cases and works regulated in the law has been abolished. It is regulated that the lawsuits and works will be finalized as a result of the review of appeal (İş MK Art..8). With the adoption of Article 5 of the Law no. 7036, the disputes arising from the labor and social security legislation to which the Social Security Institution and the Turkish Labor Institution are parties are included in the jurisdiction of the labor courts, but the disputes arising from administrative fines are excluded from the jurisdiction of the labor courts. Article 6 of Law no. 7036 includes the authority of the defendant's place of residence and workplace, as well as the jurisdiction of the court in the settlement of the workplace and the injured worker in the place where the work was carried out and the damages resulting from the occupational accident. In 2014, Law no. 5521 was amended and regulations regarding the obligation to apply the Social Security Institution in labor lawsuits and the interventions of the Institution were included, and these regulations were also adopted by the Law No. 7036. In addition to the cases of service determination, it has been an obligation to apply to the Institution for any disputes arising from social security legislation.