WHAT IS A REINSTATEMENT LAWSUIT?

A reinstatement lawsuit in Turkey is a legal remedy that allows an employee, whose employment contract has been terminated by the employer without a valid reason, to request reinstatement to their former position. This type of lawsuit is one of the fundamental elements of the job security system under Turkish labor law. Its purpose is to protect employees from unjust or unlawful termination in Turkey, while also ensuring compensation for the financial and moral damages suffered as a result of the termination process.

Regulated under Articles 18 to 21 of the Turkish Labor Code No. 4857, the action for reinstatement in Turkey clearly sets out the employer’s obligation to base the termination of an employment contract on the principle of valid reason. Accordingly, when ending an employment relationship, the employer must rely on objective and reasonable grounds, such as the employee’s competence, behavior, or requirements arising from the enterprise, workplace, or nature of the work. Termination that do not meet these criteria is deemed unjust or unfair dismissal in Turkey, thereby granting the employee the right to file a reinstatement claim.

The concept of a “valid reason” has been interpreted broadly in judicial precedents and legal doctrine. For instance, poor job performance or economic downturns affecting the business may constitute valid reasons for termination in Turkey, whereas dismissals based on union activities, gender, pregnancy, or personal beliefs are not considered lawful. Such grounds for termination in Turkey are in direct violation of the job security principle.

In conclusion, a reinstatement lawsuit in Turkey provides employees with effective legal protection against unfair dismissals. Through this legal process, the employee may not only regain their previous position but also claim compensation for wages and other financial losses incurred during the period of unemployment. Thus, reinstatement lawsuits contribute both to ensuring justice in individual employment relationships and to maintaining the balance between employer and employee interests.

WHAT ARE THE CONDITIONS FOR FILING A REINSTATEMENT LAWSUIT IN TURKEY?

A reinstatement lawsuit in Turkey is a legal remedy that enables an employee to benefit from job security protection and to seek reinstatement in cases of unlawful termination in Turkey. In order to file such a lawsuit, certain preconditions defined under Turkish labor law must be met. The main conditions for filing a reinstatement lawsuit in Turkey are explained in detail below.

1. Being Subject to the Labor Law or the Press Labor Law

To file a reinstatement lawsuit in Turkey, the employee must be working under the scope of the Turkish Labor Code No. 4857 or the Press Labor Law No. 5953. Employees working under other regulations—such as Maritime Labor Law, Sports Law, or the Turkish Code of Obligations—are not entitled to file a reinstatement claim in Turkey under the job security provisions.

In addition, the exceptions listed in Article 4 of the Labor Code are excluded from the scope of job security. Accordingly, contracted personnel, apprentices, and interns are not eligible to request reinstatement claim in Turkey.

2. The Employer Must Employ a Minimum Number of Workers

In order to file a reinstatement lawsuit in Turkey, the workplace must employ at least 30 workers on the date of termination. However, in agriculture and forestry sectors, the minimum requirement is 51 employees.

If the employer operates multiple workplaces within the same line of business, the total number of employees is calculated across all workplaces. This regulation allows employers in Turkey to combine their workforce across workplaces to meet the 30-worker criterion.

Certain categories of workers are not counted in this calculation, including substitute workers, apprentices, interns, temporary agency workers, and subcontractor employees.

These two fundamental requirements are crucial for the legal validity of the reinstatement lawsuit in Turkey and the functioning of the job security system. Meeting these criteria grants the employee the right to challenge the unlawful termination in Turkey and obtain effective legal protection against unfair dismissal in Turkey.

3. Having at Least Six Months of Seniority

To be eligible to file an cction for reinstatement in Turkey, the employee must have at least six months of seniority in the workplace. This period covers the time from the commencement of employment until the notification of termination. The six-month seniority condition is essential for the applicability of job security, and it applies to nearly all employees, except for a few special categories.

This condition is relatively mandatory, meaning that it may be shortened or waived by individual or collective labor agreements, but cannot be extended to the employee’s detriment.

For underground workers, the six-month requirement does not apply in Turkey. The probation period is included in the calculation of seniority, whereas the notice period is not. Additionally, the periods during which the employee is on sick leave are also included in the seniority calculation in Turkey.

The Court of Cassation has clearly confirmed this principle in its rulings:

“It is erroneous to decide on the merits of the case and to accept the reinstatement claim without considering that the plaintiff’s employment duration with the defendant was less than six months, and therefore the mandatory condition of at least six months of seniority was not met.”
(Court of Cassation 7th Civil Chamber, 24.12.2015, E. 2015/31765, K. 2015/26701)

Regardless of the number of employees in the workplace or the identity of the employer, union representatives are exempt from the six-month seniority requirement in Turkey. Therefore, they may file a reinstatement lawsuit in Turkey regardless of their length of service.

4. The Employment Contract Must Be Indefinite-Term

In order to file a reinstatement lawsuit in Turkey, the employee must be working under an indefinite-term employment contract. Fixed-term employment contracts may not be renewed consecutively unless there is a justifiable reason; otherwise, such contracts are considered indefinite-term from the beginning. This rule constitutes a legal prerequisite for the employee’s right to file a reinstatement lawsuit in Turkey.

The criterion of an indefinite-term contract is evaluated carefully, particularly in certain sectors in Turkey. For example, teachers employed by private schools under the Private Education Institutions Law No. 5580 work with fixed-term contracts as required by the law and therefore do not have the right to file an action for reinstatement in Turkey.

This condition is one of the fundamental criteria defining the scope of reinstatement lawsuits in Turkey, emphasizing that job security protection applies only to indefinite-term employment relationships.

5. The Employment Contract Must Be Terminated by the Employer Without a Valid Reason

To file a reinstatement lawsuit in Turkey, the termination must be initiated by the employer and must be without a valid reason. Turkish labor law requires the employer to rely on justified or valid grounds when terminating an employment contract.

Valid reasons may include the employee’s poor performance, misconduct in the workplace, or economic and organizational needs of the enterprise. However, dismissals based on union membership or activity, gender, religion, or marital status are not considered valid.

If the employment contract is terminated by mutual agreement or resignation, the employee cannot file a reinstatement lawsuit in Turkey. However, if the termination is falsely presented as a mutual termination or resignation to disguise an actual employer-initiated dismissal, the employee may still seek reinstatement claim in Turkey.

Article 18/3 of the Labor Code provides examples of situations that do not constitute valid reasons for termination. Accordingly, the following reasons cannot justify dismissal:

• Union membership or participation in union activities outside working hours, or during working hours with the employer’s consent,
• Acting as a workplace union representative,
• Filing a complaint or initiating legal action against the employer before administrative or judicial authorities,
• Discrimination based on race, color, gender, marital status, family responsibilities, pregnancy, childbirth, religion, or political opinion,
• Absence from work during the legally prohibited periods for women employees as per Article 1,
• Temporary absence due to illness or accident within the waiting period prescribed in Article 25(I)(b).

If a termination is based on any of the reasons listed above, the employee is entitled to file a reinstatement lawsuit in Turkey.

Conversely, examples of valid reasons that the employer may invoke include:

• Low job performance,
• Failure to meet qualifications declared at the time of hiring,
• Frequent tardiness,
• Economic difficulties reducing the need for the employee’s position,
• Disruptive conduct in the workplace (e.g., insults, fraud, fighting),
• Reduced demand for the goods or services produced,
• Downsizing of the workplace,
• Abolition of departments or positions,
• Reorganization of the workplace structure.

Before terminating the employment contract in Turkey, the employer must act in good faith, consider alternative solutions, and apply termination only as a last resort. Otherwise, the termination will be deemed invalid, entitling the employee to file a reinstatement lawsuit in Turkey.

Pursuant to Article 20/2 of the Labor Code, the burden of proof regarding the validity of the termination lies with the employer. The employer must concretely prove that:

• The termination was made explicitly and in writing,
• The notice of termination was properly served to the employee,
• If the termination was due to the employee’s performance or behavior, their defense statement was obtained,
• The termination was based on a valid reason, and the principle of last resort was observed.

On the other hand, if the employee claims that the dismissal was made for another reason (such as discrimination or union activity), the burden of proof shifts to the employee to substantiate that claim.

6. The Employee Must Not Be in the Position of an Employer Representative or Assistant

To file an action for reinstatement in Turkey, the employee must not hold the position of an employer representative or assistant. Individuals who have the authority to manage and represent the entire business, company, or institution—typically general managers, deputy general managers, or those in similar executive roles—are excluded from job security protection. Since they act on behalf of the employer and have the authority to make decisions regarding employment relationships, they cannot file a reinstatement lawsuit in Turkey.

However, in practice, the concept of employer representative is not interpreted broadly. Not every manager within a company established in Turkey is considered an employer representative. Therefore, merely holding a title such as “manager” or “director” does not automatically confer employer representative status.

According to the Court of Cassation’s precedents, to be regarded as an employer representative, a person must actually possess and exercise the authority to manage and control the entire workplace or enterprise. Consequently, many individuals who are formally referred to as employer representatives but do not meet these legal criteria may still win reinstatement lawsuits.

7. Termination Must Be a Last Resort (Principle of Ultima Ratio)

In Turkish labor law, the termination of an employment contract is considered a measure of last resort (ultima ratio). Before proceeding with dismissal, the employer is required to act in good faith and explore all reasonable alternative solutions to continue the employment relationship.

In this context, the employer must assess whether:

• The employee can be reassigned to another department,
• Working hours or overtime arrangements can be adjusted,
• Retraining or reassignment to a different role could be a feasible option.

If there are still suitable positions available for the employee, or if the employer continues to hire new workers or allows overtime work, terminating the existing employee’s contract is clearly contrary to the principle of termination as a last resort.

In conclusion, the employer may proceed with termination only after all alternatives have been exhausted and when it is objectively necessary to do so. If this condition is violated, the termination will be deemed invalid, granting the employee the right to file a reinstatement lawsuit in Turkey.

WHAT IS THE TIME LIMIT TO FILE AN ACTION FOR REINSTATEMENT LAWSUIT IN TURKEY?

In Turkey, an employee must strictly follow specific legal deadlines to file a reinstatement lawsuit. According to Article 20/1 of the Labor Code No. 4857, an employee whose employment contract has been terminated must apply to a mediator with a reinstatement request within one month from the date the termination notice is served.

If the mediation process fails to produce an agreement, the employee may file a reinstatement lawsuit in Turkey at the labor court within two weeks from the date of the final report prepared by the mediator. This deadline is peremptory, meaning the court will automatically consider it. Therefore, if the employee fails to apply for mediation or file the lawsuit within the specified periods, the right to seek reinstatement is irretrievably lost.

It is important to note that the start of the deadlines is based on the date the termination notice is officially served to the employee. A verbal statement by the employer or a notice that has not yet reached the employee does not trigger the timeline. Accordingly, whether the termination notice was properly served is crucial for the admissibility of the lawsuit.

In summary, the process to file a reinstatement lawsuit in Turkey consists of two stages:

1. Applying to mediation within one month from the date the termination notice is served,
2. If no agreement is reached in mediation, filing the lawsuit within two weeks from the date of the final mediation report.

Missing these deadlines eliminates the employee’s right to reinstatement and may also have adverse consequences in any subsequent compensation claims. Therefore, it is highly important for dismissed employees to navigate the process with legal assistance in Turkey.

WHICH COURT HAS JURISDICTION AND AUTHORITY IN REINSTATEMENT LAWSUITS IN TURKEY?

In Turkey, the competent court for reinstatement lawsuits is the Labor Court, as regulated by Law No. 7036 on Labor Courts. In locations where a Labor Court does not exist, the Civil Court of First Instance acts as a labor court to hear the case. This arrangement ensures that labor disputes are adjudicated by specialized courts and that procedures specific to labor law are properly applied.

Regarding jurisdiction, according to Article 6 of the Labor Courts Law, a reinstatement lawsuit in Turkey may be filed at either:

• The court where the employer is domiciled, or
• The court where the work is actually performed.

This provision aims to facilitate access to justice for the employee, who is generally in a weaker position relative to the employer. Allowing the lawsuit to be filed at the employee’s workplace enhances practical access to judicial remedies.

If a lawsuit is filed in a court lacking proper jurisdiction or authority, the court may issue a dismissal for lack of jurisdiction, which underscores the importance of correctly identifying the competent court before initiating the action.

HOW LONG DOES A REINSTATEMENT LAWSUIT TAKE IN TURKEY?

Under Article 20 of the Labor Code No. 4857, reinstatement lawsuits are considered urgent cases, meaning they must be resolved promptly. The law stipulates:

The case is to be expedited. If an appeal (istinaf) is filed, the regional court of appeal must issue a final decision promptly.

This rule aims to protect the employee’s right to work and livelihood by keeping the judicial process as short as possible.

However, in practice, the duration of such lawsuits may vary depending on:

• The caseload of the court,
• How parties present evidence,
• Requests to hear witnesses, and
• The need for expert reports.

If witnesses are heard and expert reports are obtained, the case may conclude in 3 to 5 sessions in Turkey.

In general practice, reinstatement lawsuits in Turkey take approximately 1 to 2 years for the first instance. After the court decision is notified, parties have 2 weeks to file an appeal. The appeal process at the regional courts of appeal typically takes 6 to 12 months.

Therefore, considering both the first instance and appeal, the final resolution of a reinstatement lawsuit in Turkey generally spans 1.5 to 3 years.

Given these timelines, it is crucial for dismissed employees to receive legal support from an experienced labor law attorney in Turkey to ensure the process is handled effectively and procedural errors are avoided.

WHAT CAN BE CLAIMED IN A REINSTATEMENT LAWSUIT IN TURKEY?

In Turkey, a reinstatement lawsuit allows an employee whose employment contract has been terminated by the employer without a valid reason to demand reinstatement. The employee argues that the termination was unlawful and requests the court to declare the dismissal invalid and order reinstatement.

According to Article 21 of the Labor Code No. 4857, an employee may raise multiple claims in a reinstatement lawsuit in Turkey. These claims generally fall under two main categories: compensation for the period of unemployment and non-reinstatement compensation.

1. Request for Declaration of Invalid Termination and Reinstatement

The primary claim in the lawsuit is that the employer’s termination is invalid and that the employee should be reinstated. If the court rules the dismissal invalid, the employer must re-employ the worker within one month.

2. Compensation for the Period of Unemployment (Idle Period Wage)

This compensation covers the period from the date of unfair dismissal to the finalization of the court decision and aims to compensate the employee for financial losses during this period. It is payable whether or not the employer reinstates the employee.

Key points:

• Payment period and amount: The employer must pay up to four months’ wages and benefits.
• Calculation: Based on the employee’s gross (dressed) wage, including salary, regular bonuses, and premiums.
• Interest: Highest deposit interest rate is applied.
• Exclusions: Travel allowances and similar benefits are not included.

This ensures that the employee is compensated for economic losses due to being unable to work during the litigation process in Turkey.

3. Non-Reinstatement Compensation

If the employer refuses to reinstate the employee despite a court order, the employee can claim non-reinstatement compensation.

Key points:

• Amount: Between four and eight months’ wages, determined by the court according to the employee’s circumstances.
• Purpose: To compensate for financial losses due to the non-exercise of the right to reinstatement.
• Conditions: The employee must genuinely intend to return to work and demonstrate this through conduct. If the employer proves lack of intent, compensation is not owed.
• Calculation: Based on the bare wage; extra payments or bonuses are excluded, and legal interest is applied.

This compensation acts as financial protection for employees if the employer deliberately resists reinstatement in Turkey.

4. Claims for Labor Rights and Other Compensation

If the court orders reinstatement but the employer fails to comply, the employee is entitled to various monetary claims, including:

a) Termination Compensation

If the employer does not reinstate the employee in accordance with the court decision, the employee may also claim severance pay and notice pay as compensation for unlawful termination in Turkey. These compensations are intended to compensate for the loss of rights arising from the termination of the employment contract and the failure to reinstate the employee.

b) Other Labor Rights

As a result of a reinstatement lawsuit, if the employer does not reinstate the employee, they are not only obliged to pay severance pay, notice pay, and social security (SGK) premiums. The employee may also claim outstanding salary, overtime pay, annual leave pay, and other labor receivables.

• Outstanding wages: For the period from dismissal to reinstatement.
• Overtime pay: Related to hours worked and overtime entitlements.
• Unused annual leave pay: Compensation for unused leave.
• Other entitlements: Bonuses, premiums, social benefits derived from the employment or collective agreement.

c) Social Security Contributions (SGK) and Rights

In the event that the court decision is not enforced, the employer is obliged to pay the employee’s social security (SGK) premiums for the period of unemployment.

• Four-month idle period: The employer must fully deposit the SGK premiums corresponding to this period.
• Unemployment insurance deductions: If the employee received unemployment insurance payments during the idle period, these amounts are deducted from the wages paid by the employer.
• In case of reinstatement: When the employee returns to work, all social security rights continue from where they left off, and any previous losses are compensated.

These regulations ensure the protection of the employee’s financial and social security rights during the reinstatement process and clearly define the employer’s obligations.

HOW TO FILE A REINSTATEMENT LAWSUIT IN TURKEY?

In Turkey, a reinstatement lawsuit is filed by an employee whose employment contract has been terminated by the employer without a valid reason, in order to return to work and claim the rights arising from the termination. This process is conducted in accordance with the Labor Code No. 4857 and Labor Courts Law No. 7036.

1. Application to Mediation

Before filing a reinstatement lawsuit in Turkey, the employee must apply to a mediator. Mediation in Turkey is a precondition designed to encourage settlement with the employer before litigation.

• The employee must apply to mediation within one month from the date of receipt of the termination notice.
• If no agreement is reached during mediation, the mediator prepares a final report (disagreement report).
• The employee may file the lawsuit in the labor court within 14 days from the date of the final report.

Filing a lawsuit without first applying to mediation will result in dismissal on procedural grounds.

2. Lawsuit Filing Period

After mediation, the employee has 14 days from the preparation of the final report to file the reinstatement lawsuit in Turkey. Missing this period extinguishes the right to sue and eliminates the possibility of claiming rights arising from the termination.

3. Competent Court

Reinstatement lawsuits fall under the jurisdiction of labor courts in Turkey.

• The lawsuit should be filed at the labor court in the location of the employer’s workplace.
• In locations without a labor court, the Civil Court of First Instance hears the case as a labor court.

4. Lawsuit Petition

The lawsuit must be filed with a properly drafted petition, including:

• Employee and employer identification and address details,
• Date of termination and termination notice,
• Allegation that the termination was invalid,
• Request for reinstatement and related claims,
• Compensation for the period of unemployment and non-reinstatement compensation,
• Information on the mediation process and final report.

5. Court Procedure

The court requires the employer to prove with concrete evidence that the termination was based on a valid reason. If the employer cannot prove a valid reason, the court orders reinstatement. The employer bears the burden of proving that the termination complied with the last-resort principle (ultima ratio) and good faith rules.

6. Implementation of the Court Decision

Once the court orders reinstatement:

• The employee must apply to the employer within 10 business days to request reinstatement in Turkey.
• The employer must reinstate the employee within 1 month from the application.
• If the employer fails to reinstate, they must pay non-reinstatement compensation (minimum 4 months, maximum 8 months’ wages).

7. Rights That Can Be Claimed

The employee may claim the following rights in a reinstatement lawsuit in Turkey:

• Compensation for the Period of Unemployment: Up to 4 months’ wages and benefits for the period until the court decision is finalized.
• Non-Reinstatement Compensation: If the employer refuses reinstatement, 4–8 months’ wages, as determined by the court.
• Severance and Notice Pay: The employee can claim these if reinstatement does not occur.
• Social Security Contributions and Benefits (SGK): The employer must pay all SGK contributions for the idle period and ensure continuation of social rights.

These steps cover both procedural and substantive aspects of a reinstatement claim in Turkey and ensure that the employee’s right to return to work as well as financial and social rights are fully protected.

CAN AN EMPLOYEE FILE A REINSTATEMENT LAWSUIT AFTER RECEIVING COMPENSATION IN TURKEY?

In Turkey, an employee who has been dismissed with wrongful termination can file a reinstatement lawsuit even if they have already received severance and notice pay. Turkish labor law explicitly regulates that the payment of compensation does not prevent the employee from claiming their legal rights against unfair dismissal in Turkey.

• Exercise of the Right: Receiving compensation does not restrict the employee from requesting reinstatement or idle period and non-reinstatement compensation in Turkey.
• Legal Deadlines: In this case, the employee must carefully follow the mediation process and court application deadlines.
• Scope of the Lawsuit: Even if compensation has been received, the employee can claim the right to return to work, and the court may award non-reinstatement compensation if the employer fails to reinstate.

Therefore, the payment of compensation by the employer does not eliminate the right to reinstatement claim in Turkey, and the employee can continue to protect their financial and social rights. It is important that the process is conducted in accordance with procedures and within legal deadlines if the lawsuit is to be filed after receiving compensation.

CAN AN ACTION FOR REINSTATEMENT LAWSUIT BE FILED IN CASE OF ORAL TERMINATION IN TURKEY?

Turkish labor law requires the employer to terminate the employment contract in writing. According to Article 17 of Labor Code No. 4857, if termination is not done in writing, the termination is invalid.

In this case, the employee can file a reinstatement lawsuit by claiming that the employment contract was terminated improperly. Failure to comply with the written form violates the employee’s job security rights and is sufficient grounds for filing a reinstatement lawsuit in Turkey.

CAN THE EMPLOYEE WORK ELSEWHERE WHILE THE REINSTATEMENT LAWSUIT IS PENDING?

Due to the long duration of reinstatement lawsuits in Turkey, it is important for the employee to maintain their livelihood. Working in another job while the lawsuit is ongoing is not illegal.

However, if the employee starts another job, the idle period wage and non-reinstatement compensation determined by the court will be proportionally reduced based on the start date of the new employment. Working elsewhere does not prevent the exercise of reinstatement rights; only the calculation of compensation is affected.

Therefore, considering the employee’s financial needs, working in another job in Turkey during the lawsuit is legally possible and applicable.

WHAT ARE THE OUTCOMES OF A REINSTATEMENT LAWSUIT IN TURKEY?

Since a reinstatement lawsuit in Turkey is filed on the claim of invalid termination of the employment contract, the situations that the parties may face depending on the court’s decision can vary. In this section, the potential outcomes for the employee and employer in case the lawsuit is accepted are examined in detail.

1. Acceptance of the Reinstatement Lawsuit in Turkey

If the court determines that the employer’s termination was not based on a valid reason, it rules for the reinstatement of the employee. After the reinstatement decision, the employee is obliged to apply to the employer within 10 business days from the notification of the court decision to request reinstatement.

At this stage, the employee’s application to the employer constitutes an important step for the enforcement of the lawsuit in Turkey. While requesting reinstatement, the employee must act with sincere and genuine intent. The court and the law expect that the application process shows that the employee truly intends to return to work, not merely perform a formal procedure.

1.1. Employee’s Application and Employer’s Obligations

When the employee applies for reinstatement in Turkey, the employer is obliged to reinstate the employee within 1 month. This period is determined to ensure that the employer acts in accordance with the court decision. If the employer fails to reinstate the employee when the employee applies, non-reinstatement compensation determined by the court is paid. This compensation ranges from at least 4 to at most 8 months’ salary, and is paid based on the employer’s decision not to reinstate.

On the other hand, the law does not impose an absolute obligation on the employer to reinstate. That is, the employer has a discretionary right to choose whether to reinstate the employee or not. However, this choice does not exempt the employer from paying the employee’s wages and other rights for the idle period. Whether the employer reinstates the employee or not, the employee’s wages and other rights for the period not worked must be paid. This payment covers up to four months of idle period wages and associated rights.

In this context, the acceptance of the employee’s reinstatement lawsuit clarifies the employer’s responsibilities in terms of both reinstatement obligation and financial compensation rights. If the employer fails to act in accordance with the court decision, they are clearly obliged to pay non-reinstatement compensation and idle period wages.

1.2. Employee’s Failure to Apply to the Employer

If the employee, despite winning the right to reinstatement, does not apply to the employer, the termination automatically becomes valid in Turkey.

In this case, the employer is considered to have lawfully terminated the employment contract, and the employee’s claims based on job security cease to exist. The employee’s failure to apply means the court decision is not enforced, and no compensation or reinstatement obligation arises for the employer.

1.3. Employer Ignoring the Employee’s Reinstatement Application or Employee Failing to Start Work Within a Reasonable Time

If the employee applies for reinstatement but the employer does not respond to the invitation to start work, the termination is deemed valid due to non-reinstatement.

If the employer accepts reinstatement but the employee does not start work within a reasonable time, the reinstatement decision loses its validity. In such a case, the employee is entitled only to notice pay and severance pay. Other rights arising from job security (idle period wages, non-reinstatement compensation, etc.) do not apply to the employee.

Thus, the employee’s application and demonstration of willingness to return to work are necessary for the acquisition of rights based on job security.

1.4. Legally Required Form of Reinstatement Application

The Turkish Labor Law does not prescribe a specific form for the reinstatement application. However, to secure the employee’s rights and provide proof of the application, it is recommended that the application be made through a notary notice. A notary notice ensures that the employee’s request for reinstatement is conveyed to the employer officially and in a verifiable manner. This method serves as evidence in potential future disputes in court or enforcement proceedings.

2. Rejection of the Reinstatement Lawsuit in Turkey

If the court rejects the employee’s request for reinstatement, this is considered as an acknowledgment that the employer’s termination was based on a justified and valid reason. In this case, the employee becomes responsible for paying the court costs and the opposing party’s attorney fees. The rejection of the lawsuit means that no ruling is given regarding unpaid notice pay, severance pay, or other statutory rights. If the employee wishes to claim these rights, they must file a separate lawsuit, thereby following a different legal path for the collection of such claims.

3. Employee Returning to Work During the Lawsuit

During the course of the lawsuit, the employer may reinstate the employee at any time. In this situation, the employer does not admit that the termination was valid, but the employee may still claim idle period wages and other rights for the period between the termination date and the date of reinstatement. According to the court’s decision, the maximum amount the employee can receive for this period is limited to four months’ wages and associated rights.

4. Employee Working at Another Job During the Idle Period

According to Supreme Court decisions, the employee may work at another workplace during the idle period.

In this case, if there is a wage difference between the period not worked for the original employer and the period worked for another employer, the court decides on the collection of this difference. In other words, the salary received from the other workplace is deducted from the idle period wages owed by the original employer, preventing overpayment.

This arrangement allows the employee to maintain their livelihood while also fairly limiting the financial liability of the employer.

HOW THE ENFORCEMENT OF A REINSTATEMENT DECISION OCCURS IN TURKEY?

When a court rules that a termination is invalid in a reinstatement lawsuit in Turkey, the process for the employee to claim their rights based on the court decision and for the employer to fulfill their obligations becomes important. This process is governed by specific procedures for both the employee and the employer.

The ability to claim idle period wages, failure-to-reinstate compensation, and other rights depends on the employee’s proper application and the employer not reinstating the employee.

• The employee submits a reinstatement request after the court decision is served.
• If the employer does not reinstate the employee within the legal period from the application date, the employee can claim compensation and wage rights.

If the employer still does not reinstate the employee, the employee can enforce the court decision through non-judicial enforcement.

• Non-judicial enforcement in Turkey is used to ensure implementation of the court decision and expedite the collection of entitlements.
• If the employer objects to the enforcement claim, the employee may file a lawsuit at the labor court to annul the objection. The court can then cancel the employer’s objection and ensure collection of the entitlements.
• If the employee does not wish to use non-judicial enforcement or initiate the objection annulment process, they can directly claim their entitlements through a separate lawsuit at the labor court in Turkey.

In this scenario, the employee can file a separate claim based on the court decision for idle period wages, failure-to-reinstate compensation, and other rights. This ensures that the employee’s rights are legally protected if the employer fails to comply with the court decision.

In summary, the enforcement of a reinstatement decision in Turkey is conducted through the employee’s application, the employer’s obligation to reinstate, and compensation claims. If the employer fails to meet their obligations, the employee can recover their rights via non-judicial enforcement or a labor court lawsuit.

WHO CANNOT FILE A REINSTATEMENT LAWSUIT IN TURKEY?

Job security and the right to reinstatement do not apply to every employee in Turkey. According to the Labor Law and Supreme Court decisions, some employees cannot file a reinstatement lawsuit if they do not meet certain conditions. These include:

• Employees with Fixed-Term Employment Contracts: Fixed-term contracts are generally not subject to job security provisions. However, consecutively renewed fixed-term contracts may be considered indefinite by the Supreme Court. In such cases, an employee on a fixed-term contract can file a reinstatement lawsuit in Turkey.
• Employees Working in Workplaces with Fewer Than 30 Employees: According to Article 18 of the Labor Law, job security provisions do not apply if the workplace has fewer than 30 employees. Employees in these workplaces cannot file an action for reinstatement in Turkey.
• Employees with Less Than Six Months of Seniority: Employees with less than six months of service are not protected under job security and cannot file a reinstatement lawsuit for unlawful termination in Turkey.
• Employer Representatives and Assistants: High-level managers or representatives who manage the entire workplace or have hiring/firing authority, such as general managers, are not entitled to job security protections.
• Employees Whose Contracts Ended by Mutual Agreement: If the employment contract is terminated by mutual agreement (settlement), the employee cannot file a reinstatement lawsuit for unlawful termination in Turkey.
• Public Officials: The Labor Law does not apply to civil servants or other public employees. Therefore, public officials cannot file a reinstatement lawsuit under the Labor Law, though they may pursue different lawsuits in administrative courts.
• Employees Who Resigned: Employees who terminated their contracts voluntarily (resignation or justified termination) cannot file a reinstatement lawsuit for unfair dismissal in Turkey.

TIME LIMITS AND STATUTES OF LIMITATION FOR FILING A REINSTATEMENT LAWSUIT IN TURKEY

To protect their rights, employees must act within the legal timeframes set by the Labor Law and the Labor Courts Law.

1. Time to File a Reinstatement Lawsuit in Turkey

The countdown begins from the date the employment contract is terminated and involves mediation and court stages:

• Mediation Application Period: The employee must apply to mediation within 1 month from the date of receipt of the termination notice. This period is mandatory, and missing it extinguishes the right to request reinstatement.
• Filing in Labor Court: If mediation fails, the employee must file the lawsuit in the labor court within 2 weeks from the date of the final mediation report. This period is also mandatory, and exceeding it results in loss of the right to sue.

2. Statute of Limitations

Since the filing periods for reinstatement lawsuits are mandatory, traditional statutes of limitations do not apply. However, if the reinstatement claim in Turkey is rejected or the employee wants to claim severance, notice, or other compensation rights, the following limitation periods apply:

• Severance and Notice Compensation: 5 years
• Wages, Overtime, Bonuses, and Other Labor Claims: 5 years

Mandatory periods are automatically considered by the court in Turkey. If the periods are exceeded, the lawsuit is dismissed regardless of the parties’ requests.

DO FOREIGN EMPLOYEES HAVE THE RIGHT TO FILE A REINSTATEMENT LAWSUIT IN TURKEY?

Foreign employees employed in Turkey, under certain conditions, are subject to the provisions of Turkish labor law and have the right to file a reinstatement lawsuit. According to the Labor Law, foreign employees who are covered by job security and are subject to unfair dismissal in Turkey have the same rights against their employers in Turkey.

Foreigners who have a residence permit and a work permit in Turkey can file a reinstatement lawsuit under the provisions of the Labor Law. Employees working in liaison offices or branches of foreign companies located in Turkey are also included in this scope. These employees can benefit from job security within the framework of the employment contracts they have with their employers in Turkey.

Employees who receive their salary from a company abroad and reside in Turkey are not subject to the job security provisions of the Labor Law, as they do not have an employment contract in Turkey and their employer is not located in Turkey. These individuals cannot file a reinstatement lawsuit for unlawful termination in Turkey.

Foreigners working in Turkey with residence and work permits benefit from job security in the same way as local employees and can claim reinstatement and compensation in case of unfair dismissal in Turkey. The employer being established in Turkey and the employee actually working in Turkey are of critical importance for the admissibility of the lawsuit.

THE IMPORTANCE OF WORKING WITH A LABOR LAW ATTORNEY IN REINSTATEMENT LAWSUITS

Reinstatement lawsuits in Turkey are complex and technical processes that require the evaluation of various legal details regarding the validity of the employment contract, the reasons for dismissal, and job security. Therefore, working with a labor law lawyer in Turkey is extremely important for protecting the employee’s rights and achieving a positive outcome in the lawsuit.

1. Proper Conduct of Legal Procedures

Reinstatement lawsuits in Turkey involve many legal procedures, such as applying for mediation, observing lawsuit filing deadlines, and selecting the competent court. A labor law attorney:

• Ensures that time-limiting deadlines are correctly applied.
• Effectively defends the employee’s rights during the mediation process.
• Ensures that the lawsuit petition is prepared correctly and completely in accordance with procedural rules in the labor court.

In this way, the employee is protected from the risk of losing rights due to missed deadlines or procedural errors.

2. Evaluation of Valid Grounds for Unfair Dismissal in Turkey

The employer’s dismissal of the employment contract in Turkey must be based on a valid reason. A lawyer evaluates the validity of the dismissal reasons legally, ensures the collection of evidence favorable to the case, and develops effective arguments against the employer’s defense.

3. Maximum Protection of Compensation and Rights Claims

The rights the employee can claim in a reinstatement lawsuit include severance pay, notice pay, non-reinstatement compensation, unemployment contributions, and social security premiums. A labor law attorney:

• Ensures these claims are calculated completely and correctly.
• Legally evaluates situations such as the employee working at another workplace or employer objections regarding the court decision.
• Manages steps in the enforcement of the court decision, such as non-judicial execution or cancellation of objections.

4. Strategic and Professional Representation

Reinstatement lawsuit in Turkey may involve employers who have legal knowledge and resource advantages. An experienced attorney:

• Ensures the employee effectively defends their justified claims.
• Strategically manages the case, making it possible for the employee to obtain reinstatement or compensation.
• Supports obtaining favorable outcomes for the employee in negotiations with the employer or possible settlement processes.
• An English-speaking lawyer in Turkey helps remove language barriers, ensuring clear understanding of legal documents, deadlines, and procedures.

In summary, working with a labor law attorney in reinstatement lawsuits plays a critical role in protecting the employee’s rights, properly managing lawsuit procedures, and compensating economic losses. Without an attorney, the risk of losing rights and missing deadlines is high, so obtaining professional legal support increases the likelihood of achieving a favorable outcome for the employee.