Rules of Reinstatement Mediation Reshaped Following Constitutional Court Decision

The Constitutional Court of Turkey (“CC”) delivered its decision dated 3 June 2025, numbered 2024/157 E., 2025/121 K. (“Decision”), striking down Article 3, paragraph 15 of the Labour Courts Law No. 7036 and introducing a critical change in reinstatement mediation.

So, what has changed with this Decision?

The CC removed the obligation for both the principal employer and the subcontractor to participate together in reinstatement mediation. As a result:

• An employee can initiate the mediation process even by applying to just one employer. There is no longer a requirement to determine the principal-subcontractor relationship in advance or to summon all parties to the mediator.
• Joint participation of the principal and subcontractor in the mediation session is no longer mandatory.
• This change makes the mediation process more flexible and accessible.

Why is this important for employers?

Prior to the Decision, Article 3, paragraph 15 of Law No. 7036 provided:

“In cases where there is a principal-subcontractor relationship, when a reinstatement request is submitted to mediation, both employers must participate in the mediation sessions together, and their intentions must align for an agreement to be reached.”

This rule made it mandatory for both the principal and subcontractor to participate in mediation for reinstatement claims, complicating the process legally and operationally for employers and creating an additional burden for employees.

The CC emphasized that this provision imposed disproportionate burdens on both employees and employers, particularly restricting employees’ access to the courts. The Court further noted that requiring an employee to identify legal relationships they are not party to and involve all parties in advance constituted an “unbearable burden.” Accordingly, the Court ruled that the provision violated the right to a fair trial and the principle of proportionality, and annulled it.

Following the Decision, employees and employers now face a more flexible and accessible reinstatement mediation process.