Law No. 7036, which entered into force on 01.01.2018, regulates the work and functioning of Labor Courts. Article 6 of the Law regulates the jurisdiction of labor courts. The new law does not bring any innovation regarding the jurisdiction of the labor courts compared to the jurisdiction regulation in the Law No. 5521.
ACCORDING TO ARTICLE 6 ON JURISDICTION;
“(1) The competent court for the lawsuits to be filed in the labor courts is the court of the place of residence of the defendant real or legal person on the date of filing the lawsuit and the court of the place where the work or transaction is carried out.
(2) If there is more than one defendant, the court of the place of residence of one of them is also authorized.
(3) In compensation lawsuits arising from occupational accidents, the court of the place where the occupational accident or damage occurred and the court of residence of the injured worker shall also have jurisdiction.
(4) The provisions of other laws regarding the jurisdiction of labor courts are reserved.
(5) Jurisdiction agreements contrary to the provisions of this article are invalid.” In terms of mediation application, it is necessary to apply to the mediation center in the district where the workplace or workplace center is located. For example; although the competent court for a labor lawsuit to be filed for a workplace located within the jurisdiction limits of Küçükçekmece Courthouse in accordance with the provisions regarding jurisdiction is Bakırköy Courthouse, the mediation application will be made to the mediation office in Küçükçekmece.
NEW REGULATION ON STATUTE OF LIMITATIONS FOR SOME LABOR RECEIVABLES
Law No. 7036 amended the statute of limitations for labor receivables to be filed as of 01.01.2018. Provided that it arises from the employment contract; the statute of limitations for types of compensation such as annual leave pay, severance pay, notice pay, bad faith compensation has been reduced from ten years to five years as of 25.10.2017. With the article of Law No. 7036, the following additional article has been added to the Law No. 4857.
ADDITIONAL ARTICLE 3- The statute of limitations for annual leave pay and the following indemnities, regardless of which law they are subject to, provided that they arise from the employment contract, is five years.
a) Severance pay.
b) Compensation arising from the termination of the employment contract without notice.
c) Compensation for malice.
d) Compensation arising from the termination of the employment contract without complying with the principle of equal treatment.”
According to the aforementioned regulation, the statute of limitations for certain receivables will now be calculated as five years. The employee is required to file a lawsuit claiming labor receivables within 5 years from the date of termination of employment, and if the lawsuit is not filed within this period, the rights regarding labor receivables will disappear.
ADDITIONAL INFORMATION: THE SITUATION OF SUBCONTRACTOR WORKERS WITH THE NEW LAW
Law No. 7036 introduced a regulation that will concern the employees working in the principal employer-subcontractor relationship. Article 3/15 of the Law reads as follows: “In case of the existence of a principal employer-subcontractor relationship, when applying to the mediator with a request for reinstatement, it is sought that the employers participate in the mediation negotiations together and that their wills are compatible in order to reach an agreement.” According to this regulation, if the mediation is applied, the main employer and the sub-employer must participate together and their wills must be compatible. In the event that the employee goes to the mediator in a subcontracted employment relationship, both the main employer and the sub-employer must attend the mediation meetings, and in case there is more than one employer in the negotiations to be held, the wills of these employers must be compatible with each other.
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