28.12.2017 Ankara
A new era is commencing in business world. As of 1st January 2018 arbitration system for labour disputes is becoming cause of action.
TOBB President M. Rifat Hisarcıklıoğlu said
that the practice shall prevent time and energy loss for employees as well as
employers.
Regulation which makes arbitration system cause
of action for labour disputes is becoming effective by 1st January 2018.
Giving a review in relation with the matter The
Union of Chambers and Commodity Exchanges of Turkey (TOBB) President M. Rifat
Hisarcıklıoğl has underlined that by arbitration becoming cause of action shall
be a new breath of fresh air for business world.
Thanking to everybody those who contributed to
new regulation Hisarcıklıoğlu also said as TOBB they shall be doing their fair
share of work for the success of the system.
-Matters resolved by arbitration cannot be
subject again
Hisarcıklıoğlu indicating that hence forth
employee and employer who come to an agreement as a result of arbitration talks
would not be able to make the resolved matters subject again, also stated that
such regulation shall provide significant time save for business world.
TOBB President Hisarcıklıoğlu, “While both
employees and employers are being providing for, they shall stop getting
involved with such problem instead they would be able to use their energy,
potential and time for other matters.”
-Confidentiality during arbitration process
shall prevent establishment of precedents
Underlining that practice of precedent within
standard proceedings pose as a major problem for business world Hisarcıklıoğlu
mentioned that because the letter of agreement shall be classified within
arbitration, such case shall no longer pose as a problem.
Reminding that all the parties as well as
arbitrator were obliged to comply with confidentiality Hisarcıklıoğlu urged
that regulation should be mastered in details by business world.
Stating that business lawsuits required to
tackle for years due to long prosecution processes would come to end
Hisarcıklıoğlu also talked about the functionality of “Time is the essence”
remark within business world.
Hisarcıklıoğlu stated that during the
arbitration process employees and employers fail to work out a solution then
arbitrator would be entitled to offer a solution.
-Within the new regulation how the system would
proceed?
Hisarcıklıoğlu outlined the system in
consideration of new regulations as follows “for the disputes based on employee
reinstatement claim with due in and compensations arbitration becoming cause of
action then parties shall attempt arbitration, if they fail to come to an
agreement by arbitration then they would be able to apply to court.
System will proceed through arbitration bureaus
at the courthouses. Arbitrator shall finalise arbitration application in 3
weeks.
In the event of parties failing to come to an
agreement, fee for first two hours will be covered by Ministry of Justice
budget.
In the event of termination of arbitration
activity due to one of the parties failing to attend the first meeting, the
party who fail to attend to the meeting shall be stated in the final official
report and even be justified shall still be responsible for all court expenses.”