ABSTRACT

It would be improbable that the legislator, who adopted the mediation procedure regarding to diminish the burden on the labour court and accelerate the process would not accept the same procedure for the reinstatement claims whose numbers are getting higher every day. The law maker regulates the period of time that should be respected before the opening of the reemployment lawsuits, the period of time after the failure of the mediation procedure for the opening of the reemployment lawsuits and the functioning of the mediation procedure for the reemployment. A special regulation is foreseen for the application to the mediator regarding the reemployment in case of the existence of the primary employer – subcontractor relationship. On the other hand, the mediation procedure for the reemployment in case of the termination of the labour contract due to reemployment, transfer of the business place and syndicate reasons is separately regulated. Under this work, a brief explanation on the definition and characteristics of the mediation procedure is given. The main purpose of this work is to determine the legal problems of the mediation procedure that has been accepted as the cause action and to propose possible solutions to these problems. As it has not been long time from the entry into force of the Code till the finish of this work and as there are not specific works published on the mediation for the claims of reemployment in the doctrine; the works on the notion of mediation and its characteristics could only be used as sources.