ARBITRATION APPLICATION CONDITION AND TAXATION OF MEDIATION ACTIVITY IN WORKERS-EMPLOYER DISPUTES

Alternative dispute resolution methods such as expertise and mediation have a very important function in our legal system to reduce the workload of the Turkish Judicial System. With the Law No. 7036 of the Courts of Labor, the procedure for the trial courts was reorganized and the existing Law on Labor Courts No. 5521 was abolished. Also within the scope of the Law; In order to enter into force on January 1, 2018, in accordance with the Labor Law No. 4857, workers and employers, and claims for compensation and return to work before the lawsuit is filed as a condition for filing a mediation. It has been stipulated that the Social Security Institution should be consulted before the opening of the cases in order to reduce the cases opened in the labor courts due to the disputes arising from the Social Insurance and General Health Insurance Law No. 5510 or other social security legislation. In this study, we will explain about the condition of application of the mediator brought before the business cases opened due to employee-employer disputes under the Labor Law. Taxation of the mediation activity will also be examined