Union of Chambers and Commodity Exchanges of Turkey

In his speech here, TOBB President M. Rifat Hisarcıklıoğlu said, “With the support of our judicial community, we strive to spread methods such as arbitration and mediation, which will reduce the workload in the judiciary and ensure that justice is administered in a timely and accurate manner, in our country and in our business world. In this context, we established UYUM Mediation and Dispute Resolution Center within TOBB. Cemil Çiçek, who has held important positions such as the Ministry of Justice and the Speaker of the TGNA, assumed the presidency and these centers developed rapidly under his management.”

Stating that the chambers also embraced this issue and ensured the spread of mediation by opening centers within their own bodies, Hisarcıklıoğlu said, “Currently, there are 126 Mediation and Arbitration Centers working under the coordination of TOBBUYUM within our Chambers and Commodity Exchanges in 60 provinces. Approximately 1,200 mediators work in these centers. With TOBB UYUM Academy, we provide trainings to mediators in every field they need. Arbitration and Mediation Center also operates within our Kayseri Chamber of Commerce. In developed economies, 75 percent of commercial disputes are finalized through alternative dispute resolution methods. Only 1 out of 4 disputes goes to the standard judiciary. The use of this system is increasing day by day in our country.”

Stating that the number of files coming to mediation has exceeded 7.5 million to date and more than 4.5 million of them have been concluded with an agreement, Hisarcıklıoğlu said, “In this way, a great burden on the judiciary has been reduced. Since each file has at least 2 parties, 9 million of our citizens have reached an agreement by shaking hands and making peace without going to court. Lawsuits that used to take years have been completed in days and weeks, meaning that access to justice has accelerated. Every regulation that will facilitate trade, strengthen the economy and our judicial system is important and valuable for us.”

- Minister of Justice Tunç

Yılmaz Tunç, Minister of Justice, stated that they have realized many structural reforms in 23 years and said, “The rule of law exists where the right to property is protected, contracts are binding, courts are independent and impartial, and the administration avoids arbitrary practices. Investors know that capital gains meaning when it meets freedom and trust. Producers know that the sweat of their brow becomes fertile when it is kneaded with justice. Where there is no legal security, there is no investment. The market stops where there is no legal predictability. The path to economic development passes through a secure, predictable and fair system. Because capital is timid and uneasy. It wants to move forward with confidence, not uncertainty. Entrepreneurship is a brave seed; it sprouts only in the soil of justice. Where uncertainty prevails, economic courage is broken and entrepreneurship ends. Throughout history, our civilization has been kneaded with the sweat of its brow, grown with labor, risen with law and moved forward with the will of the nation.”

Stating that the fact that 11.3 billion dollars of foreign direct investment was realized in the last year shows that the established environment of peace and trust continues, Tunç emphasized that those who make black propaganda that there is no legal security are unfair to the judicial community.

Minister Tunç said, “Despite all these steps and reforms we have taken, those who make black propaganda that there is no legal security in our country, those who try to defame our country with indices that do not match the realities of Türkiye at the table, do great injustice to our nation, our business world and our judicial community. If there was no legal security in Türkiye, if the investment environment had not improved, could our exports, which were 36 billion dollars in 2002, have reached over 262 billion dollars today? If there was no legal certainty in Türkiye, would the number of registered companies in our country have increased from 950 thousand to over 2 and a half million today? If there was no legal predictability in Türkiye, would the number of companies with foreign capital have increased from 5,000 to 86,000? If the rule of law had not been arbitrated, if foreign investors had not trusted Türkiye, could our country have received 276 billion dollars of foreign direct investment in the last 23 years, when only 15 billion dollars of foreign direct investment was made in 80 years? The fact that 11.3 billion dollars of foreign direct investment has been realized in the last year alone shows that the environment of peace and confidence that has been established continues. Today, every investment coming to our country is the work of legal security, the rule of law, and a development model strengthened by legal stability.”

- Other speakers

Mehmet Büyüksimitci, President of Kayseri Chamber of Industry, said, “We expect the statute of limitations to be reduced from 5 years to 1 year in cases related to workers’ receivables. This change will increase legal predictability in the business world. Practices regarding wage garnishments are one of the most frequently voiced problems of the business world recently. As you know, due to the obligation to deposit salaries and wages in banks, our companies make payments to employees through banks. In the event of a wage garnishment, the employer is obliged to deduct from the employee’s salary and deposit it into the execution file account. This not only creates additional workload, but also leads to serious victimization when the property of employers is seized due to deficiencies in execution files or non-receipt of notifications. The contradiction of the strict attitude applied for small amounts of receivables with a flexibility that is not seen even in large-scale debts damages the sense of justice.”

Ömer Gülsoy, President of Kayseri Chamber of Commerce, listed the demands of the Kayseri business world and said, “We demand that the Labor Law be updated with an economy-friendly approach. Bank account blockages that far exceed the amount of debt, especially by tax offices and SSI, seriously disrupt the cash flow and commercial activities of companies. The execution of garnishments on employee salaries through the bank where the salary is deposited, rather than directly through the employer, will both reduce the administrative burden and simplify the processes. Increasing the trial period for new employees to 6 months will prevent malicious compensation claims. Reducing the period for filing a lawsuit from 5 years to 1 year in retrospective calculations for employees who leave their jobs will minimize the legal risks of the employer. Notifications made through the National Electronic Notification System (UETS), especially in execution proceedings without execution, cause serious loss of rights due to the lack of sufficient awareness and digital literacy. For this reason, legal arrangements should be made to recognize the extended right of objection against unlearned notifications.”