Mandatory Mediation in Reinstatement Claims: Deadlines and Procedure

To speed up the resolution of employment disputes, Labour Courts Law No. 7036 made mediation a mandatory precondition for reinstatement claims as of 1 January 2018. An employee who claims that the termination is invalid can therefore not file a lawsuit directly.

Deadline to Apply

An employee whose contract has been terminated must apply to a mediator within one month of being notified of the termination. This is a preclusive period; if it is missed the reinstatement claim will not be heard.

Lawsuit After Mediation

If no agreement is reached, a lawsuit may be filed before the labour court within two weeks of the final mediation report. If the parties agree, the reinstatement, idle time wages and compensation amounts set out in the report become final.

Conditions of Job Security

To claim reinstatement, there must be thirty or more employees at the workplace, the employee must have at least six months of seniority and be employed under an indefinite-term contract. Employer representatives require a separate assessment.

Recommendations for Employers

Giving notice of termination in writing, stating the reason clearly and precisely and, where required, obtaining the employee’s defence will strengthen the employer’s position in any mediation or litigation.