Reinstatement Lawsuits in Turkey: Requirements and Time Limits
The requirements for a reinstatement claim by employees covered by job security, mandatory mediation and the preclusive time limits that apply.
An employee whose employment contract has been terminated without a valid reason may, if certain conditions are met, request reinstatement. The job security provisions in Articles 18 to 21 of Labour Law No. 4857 set the framework for this claim. However, as the time limits are extremely short, it is necessary to act immediately after the termination.
Conditions for job security
To be able to request reinstatement, the following conditions must all be met:
- Thirty or more employees must be employed at the workplace.
- The employee must have at least six months of service.
- The employment contract must be for an indefinite term.
- The employee must not be an employer’s representative managing the business as a whole, or an employer’s representative with authority to hire and dismiss employees.
The concept of a valid reason
The employer must rely on a valid reason arising from the employee’s capability or conduct, or from the operational requirements of the enterprise, the workplace or the work. The termination must be made in writing and the reason for termination must be stated clearly and precisely. Where the termination is based on the employee’s conduct or performance, obtaining the employee’s defence before termination is also a legal requirement.
Time limits
There are two critical time limits in the reinstatement process:
- One month: An application to a mediator must be made within one month of service of the notice of termination.
- Two weeks: If no agreement is reached in mediation, a lawsuit must be filed before the labour court within two weeks of the date on which the final mediation report was drawn up.
These time limits are preclusive. If they are missed, the reinstatement claim is dismissed without examination of the merits.
Outcome of the lawsuit
If the court rules that the termination is invalid, the employee must apply to the employer to return to work within ten working days of service of the final judgment. In that case the employee is paid wages and other entitlements for the idle period of up to four months until the judgment becomes final. If, following that application, the employer does not reinstate the employee within one month, it is additionally liable to pay the compensation for non-reinstatement determined by the court.
Preparation
The notice of termination, the employment contract, payslips, the social security (SGK) service record and documents showing the number of employees at the workplace are the first documents to be examined when assessing a reinstatement claim.
This article has been prepared for general information purposes only and does not constitute legal advice. You are advised to consult a lawyer for an assessment of your specific situation.