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DECISION OF THE CONSTITUTIONAL COURT CONCERCING EXCLUDED PERNONNEL
In the Constitutional Court's Judgment published in the Official Gazette dated 22 September 2025.
THE OBLIGATION FOR THE PRINCIPAL AND SUBCONTRACTOR EMPLOYERS TO JOINTLY PARTICIPATE IN MEDIATION HAS BEEN ANNULED BY THE CONSTITUTIONAL COURT
An important Constitutional Court decision has been published regarding the mediation process that an employee can apply to with a request for reinstatement after the termination of employment relations in the workplace. The Constitutional Court ruled that the provision in paragraph (15) of Article 3 of the Labor Courts Law No. 7036, which states, "In cases where there is a principal employer-subcontractor relationship, for a request for reinstatement to be submitted to a mediator, the employers must participate in the mediation talks together and their intentions must be compatible for an agreement to be reached," is unconstitutional. The decision was published in the Official Gazette dated October 17, 2025, and numbered 33050.