Newsletter-21

339 LABOR LAW minutes, and the relevant party shall be ordered to pay the court ex- penses, although the decision is in favor of the relevant party. The parties may apply for financial assistance to pay the media- tion fees; for that purpose, the decision of the court of peace located at the place of mediation office is required. Art. 334-340 of the CPC shall apply to issues on financial assistance. In the absence of express provisions, the provisions of Law No. 6325 shall apply by analogy. In addition, the Draft Law provides that the Ministry of Justice is required to adopt a regulation on the other issues and details regarding application procedure, assignment of the mediators and mediation meetings. Mediation Procedure regarding the Reemployment Disputes Pursuant to Art. 20 of the Labor Code, if the employment contract of the employee is terminated for no reason or due to the absence of just cause, the employee may file a lawsuit for re-employment be- fore the labor courts within one month as of the notification of the termination. The Draft Law provides that the employee shall apply to mediation within this one month period prior to filing a lawsuit. If the parties are unable to reach an agreement with the mediator, the parties may file a lawsuit before the labor courts within two weeks as of the issuance of the final minutes. If a lawsuit is filed without any applica- tion for mediation, the lawsuit shall be denied on procedural grounds, as above-stated. In such a case, an application for mediation may be filed within two weeks as of the notification of the final decision as to the denial of the lawsuit. The labor court is required to terminate the proceeding on re- employment within a two month period. However, an amendment is introduced regarding the procedure before the court of appeal, as the courts of appeal are being established. Accordingly, the court of ap- peal shall terminate the proceeding within one month if the parties appeal the decision of the labor court. The parties shall determine the date of re-employment, and the consequences of the refusal to re-employ if they agree on the re- employment of the employee with the mediator. If the re-employment