Mandatory Mediation, Negotiation and Settlement Processes
For employee or employer receivables and compensation based on the law or an individual or collective labor agreement, and for reinstatement claims, applying to a mediator before filing an action is a condition precedent to litigation in the cases provided for by law. For claims for annulment of an objection, negative declaratory relief and restitution arising from the employment contract, the current scope should also be checked separately.
In the mediation process:
- The type and amount of the claims are determined
- The statute of limitations and preclusive periods are checked
- The scope of the application is aligned with the action to be filed later
- The bases of the wage and compensation calculation are examined
- Special time limits are observed in reinstatement claims
- The financial and legal risks of the employee and the employer are assessed
- Provisions on confidentiality, release, payment date and default are written clearly
- Installment, security and acceleration conditions are regulated
- SGK and tax consequences are examined separately
- The scope and enforceability of the settlement document are checked
Mediation is not merely attending a meeting. Incompletely framed claims and defenses, or an unclear settlement text, may give rise to new disputes later. For compensation arising from work accidents and occupational disease, and for determination and recourse actions, the exception in the law must be taken into account.
Claims in Mediation and the Scope of the Agreement
In addition to employee and employer receivables, compensation and reinstatement based on the law or an individual or collective labor agreement, actions for annulment of an objection, negative declaratory relief and restitution within this scope are also assessed under the current statutory provisions. The statutory exception for work accidents and occupational disease is preserved.
Effect on time limits
Under Art. 3 of Law No. 7036, from the application to the mediation office until the final record is issued, the statute of limitations is suspended and the preclusive period does not run. In reinstatement, the special two-week period for filing an action after the final record is tracked separately. Requesting a meeting with a lawyer from the firm is not an official application to the mediation office.
Scope of payment and release
It is clarified which receivables were agreed on, for which period and in what amount, the net/gross distinction, the payment date, installments, default, security and the tax/SGK effect. Because of the statutory limits on bringing a new action on matters already agreed, the legal consequence should be understood before a document is signed.
Representing a party and the role of the mediator are different
This service covers representing the client with a lawyer in the mediation process and negotiation. It should not be confused with the role of an impartial mediator. Parties with conflicting interests in the same dispute are not represented together.
Preparing for the Consultation
Prepare the employment period, contract, termination or application documents and the related records. Mention missing documents and any approaching deadline at the first consultation.