Individual job mediation as a method of reconciliation in labor disputes its impact on the protection of workers' rights

With the Law no. 7036 on labor courts regulating mandatory madiation system as a condition for litigation, priority has been given to the settlement of disputes by the employer before the judiciary trough peaceful settlement methods. Turkey's mediation system of labor dispute regulated in the laws previously in force for collective labor disputes, however; individual business disputes have also been renewed. The law regulates the compulsory mediation system as a condition for litigation in matters related to individual labor and collective labor disputes and return to work, but does not include the issues of occupational diseases and issues subject to social insuarance law in the scope of mandatory mediation. On the other hand; provided that he is primarily a lawyer on the effective management of the mediation process in labor disputes; expert mediation system has been introduced in labor law and various training programs are included. Due to the weak position of the worker against the employer side, there are concerns about the necessity of voicing the demands and needs of the mediation process and taking an active role in the process. But; There is a view that the worker has sufficient knowledge of his rights. On the other hand; In the process of compulsory mediation, there is a view that the mediator, a neutral third person, may have a sense of equality and self-confidence in the management of workers. The parties have reached their own decisions in the process of mandatory madiation,the decision of the parties left to the agreement can not be reached the way to apply to the judiciary. The fact that the mediation system has been made compulsory on the basis of voluntarism has let to various controversies, particularly in terms of the powerless employer.