Newsletter-21

340 NEWSLETTER 2016 date is not determined by the parties, the employee shall commence to work within one month as of the date of agreement before the media- tor without any need for the employee to provide an application. If the consequences of the refusal to reemploy are not determined by the parties, a lawsuit may be filed before the court in order to determine the compensation provided by the law if the employer refuses to re- employ. The employer shall pay compensation in the amount of at least four months’ salary, and a maximum eight-month salary of the employee, as well as compensation in the amount of a maximum four months’ salary of the employee for the period that employee is denied work. If the employee does not commence to work on the agreed date, the termination of the employment contract shall become valid. The above-mentioned rules regarding compensation may not be amended by any agreement with the exception of the agreement before the me- diator. Conclusion The Draft Law submitted for the opinion of the relevant entities on 23.03.2016 provides the principles for mandatory mediation, as well as the procedures for the establishment, duties, and operation of the labor courts. In accordance with the Draft Law, any claim regarding the employee’s receivables in relation to the individual or collective employment contracts or re-employment of the employee is subject to mandatory mediation prior to any lawsuit. Non-application for me- diation prior to the relevant lawsuit shall be considered as a basis for refusal of the lawsuit on procedural grounds. Additionally, the limita- tion period is suspended from the date of application for mediation until the date of issuance of the final minutes. On the other hand, the Labor Code, Law No. 6325, and Law No. 6356 on Trade Unions and Collective Labor Contracts will also be amended in accordance with the amendments included in the Draft Law. In accordance with these proposed amendments, if the employment contract of the employee is terminated without any reason, or on the absence of just cause, the employee shall apply to mediation within one month as of the termina- tion notice. If the parties are unable to come to an agreement before the mediator, a lawsuit may be filed within two weeks as of the date of issuance of the final minutes.