They usurp the employee’s seniority through mediators

While it is argued that the mediation method has become an usurpation of workers’ compensation rights, Ünaldı Topaklı, one of the lawyers at the Ankara Bar Association, stated that some employers use the voluntary mediation method as a tool to avoid paying severance pay and workers’ legal rights. According to the law, the employee and the employer must first use a mediator to resolve the legal problem between them.

IMMORAL METHOD

A claim cannot be filed without using a mediator and claims are rejected on procedural grounds. The mediation system was introduced to resolve disputes in a short time, but it is learned that there were serious complaints that workers who tried to get their money in a short time to continue their livelihood had to give up most of their legally granted rights. at the mediation table.

Lawyer Topaklı stated that employers abuse the mediation method against workers and gave interesting examples of “immoral” methods. Topaklı explained the method as follows: “Large construction companies that employ a large number of workers deliberately do not pay salaries 3 or 4 months before the completion of the work. The reason is that things are going wrong and they cannot receive the payments they are entitled to from the State. When the job is completed, the mediators are activated. He told the workers: ‘I will pay 3 or 4 months’ full salary. However, you will also sign the “I have no remaining accounts receivable” letter. It is said: ‘Sign and receive your salary.’ The worker, who is already in a difficult situation, signs in the hope of recovering his salary. When the signature is made at the mediation table, the worker loses all his rights such as severance pay, vacation shifts, overtime and money for unused licenses.

counter game

Lawyer Ünaldı Topaklı explained that in some large companies there are mediators who pose as accountants and deceive workers. Topaklı said: “The employer holds the negotiation session with the dismissed employee together with the mediator. The mediator introduces himself to the worker as if he were the company’s accountant. The worker signs saying “I have no accounts receivable.” If he signs the paper that the accountant gives him, no problem, a lawsuit can be filed. However, since that person is actually a mediator, once the signature is signed, a compromise is reached and the worker’s right to sue is lost. “The worker loses all his rights, including severance pay,” he stated.