The Constitutional Court of the Republic of Türkiye’s decision dated 03.06.2025 and numbered 2024/157 E. 2025/121 K., concerning mandatory mediation in employment disputes, was published in the Official Gazette dated 17.10.2025 (no. 33050). In its ruling, the Constitutional Court held that Article 3 paragraph 15 of the Labour Courts Law No. 7036, which prescribed mandatory mediation for reinstatement actions, was unconstitutional and therefore annulled the provision.
Under Article 3 paragraph 15 of the Labour Courts Law, where a relationship between primary employer and sub-employer existed, an application to a mediator for a reinstatement claim required both employers to participate jointly in the mediation meetings and their declarations of intent to be consistent for a settlement to be reached.
In its reasoning, the Court emphasised that determining the existence of a primary employer and sub-employer relationship is often difficult for the employee who is not a party to that relationship. Requiring the employee to make this determination and to conduct the mediation process simultaneously against both the primary and the sub-employers imposed a burden that could not reasonably be expected from the employee.
The Constitutional Court therefore concluded that this provision restricted the employees right of access to court in a disproportionate manner and failed to strike a reasonable balance between public interest and the individual interest of the employee and, accordingly, annulled the paragraph.
Full text of the judgment can be found here.