Reflections on the Constitutional Court’s Annulment Decision No. 2025/121 Regarding Mediation Applications with a Request for Reinstatement in Cases Involving Principal Employer – Subcontractor Relationships

Abstract

The introduction of mediation as a prerequisite for litigation in labor disputes has led to various practical and legal issues in cases involving claims for reinstatement where a principal – subcontractor relationship exists. Pursuant to Article 3/15 of the Labor Courts Law, in such disputes, for an agreement to be reached during the mediation phase, it was required that both employers participate in the negotiations together and express mutual consent. However, this requirement imposed a heavy burden on the employee and ran counter to the nature of mediation as an alternative and flexible method. The Constitutional Court, in its Decision No. 2025/121, annulled the relevant provision on the grounds that it restricted the employee’s right of access to the courts and violated the principle of proportionality...