Official Gazette dated 21 September · one publication
Constitutional Court Rules Violation of Rights Due to Formal Requirements in Mediation Minutes for Reinstatement Lawsuits
Judgment of the Constitutional Court Dated 3/3/2026 and Numbered 2022/82055
Laws concerned: Labor Law No. 4857
A Constitutional Court decision published in the Official Gazette contains important assessments regarding the violation of rights in the application of mandatory mediation in reinstatement lawsuits. The applicant claimed that their right of access to court was violated when their lawsuit for reinstatement was dismissed on procedural grounds on the grounds that the final mediation report did not explicitly state the reinstatement matter. The Constitutional Court ruled that the mediation application form and the final report contained requests related to reinstatement, and that the courts' overly formalistic and strict interpretation resulting in the dismissal of the case without examining its merits infringed upon the right to a fair trial.
While the decision does not directly amend the text of Labor Law No. 4857, it indicates that judicial authorities should adopt a more flexible approach that protects the freedom to seek legal remedies when supervising the mediation process as a prerequisite for filing a lawsuit in labor courts. In this context, it serves as a guiding precedent for employers and employees regarding the drafting of mediation minutes and the legal assessments in lawsuit-filing processes.
Who is affected
Employers, employees, and parties involved in labor law disputes.
← Previous issue: Legislation Bulletin 2026/14 · 18 September 2026 · All issues →
This bulletin is for information purposes only and does not constitute legal advice. The official text prevails.
