Reinstatement Lawsuit

For an employee whose employment contract has been terminated by the employer, the first question that comes to mind is often compensation. Yet the law gives workers who meet certain conditions an even stronger option: the right to request reinstatement. A reinstatement lawsuit (işe iade davası) is a case filed to have a termination that lacks a valid reason declared invalid and to have the employee returned to their job. This protection is known in law as job security and is regulated in Articles 18 to 21 of Labor Law No. 4857.

The reinstatement process is subject to some of the shortest deadlines in labor law. Failing to take the right step within a few weeks of receiving the termination notice can cause even a well-founded claim to be dismissed without any examination of its merits. The information below therefore provides only a general framework; every case is unique and the specific circumstances must be assessed separately.

Who benefits from job security?

Not every employee can file a reinstatement lawsuit. The law makes this protection subject to certain conditions, all of which must be present on the date of termination:

• The workplace must employ thirty or more workers; if the employer has several workplaces in the same line of business, the total number of employees is taken into account.
• The employee must have at least six months of seniority.
• The employment contract must be for an indefinite term; as a rule, this route is not available under fixed-term contracts.
• The employee must not be an employer's representative who manages the entire business, or one who has the authority to hire and dismiss employees.

The most debated issues in practice are how the number of employees is calculated, whether successive fixed-term contracts should in fact be treated as indefinite-term, and whether an employee with a managerial title genuinely holds the authority of an employer's representative. These questions are answered based on the actual situation, not on job titles.

What is a valid reason for termination?

An employer who wishes to terminate the contract of an employee covered by job security must base the termination on a valid reason arising from the employee's competence or conduct, or from the requirements of the business, the workplace or the work. Reasons such as union membership, filing a complaint, pregnancy, race, sex, religion or political opinion are expressly not regarded as valid reasons under the law.

The termination notice must be in writing, and the reason for termination must be stated clearly and precisely. Before a termination based on the employee's conduct or performance, the employee's defense must, as a rule, be obtained. A termination carried out in violation of procedure may be deemed invalid even if the reason is genuine. The law also places the burden of proof on the employer: it is the employer's duty to prove that the termination was based on a valid reason. If the employee claims that the termination was in fact based on a reason other than the one stated, the employee must prove that claim.

The process step by step: from mediation to the labor court

1. Reviewing the termination notice: The termination letter, defense records, payslips and the Social Security Institution (SGK) service record are gathered, and it is determined whether the job security conditions are met.
2. Applying to a mediator: In a reinstatement claim, applying to a mediator before filing a lawsuit is a prerequisite for the case. The application must be made within one month of the termination notice being served.
3. Mediation sessions: As a rule, the mediator concludes the process within three weeks of being assigned; in cases of necessity, this period can be extended by up to one week.
4. Filing the lawsuit: If no agreement is reached, the lawsuit is filed at the labor court within two weeks of the date the final report is issued.
5. Court proceedings: Witnesses are heard, workplace records are reviewed and, if necessary, an expert examination is considered. The law requires that these cases be concluded expeditiously.

These deadlines are statutory forfeiture periods; that is, if they are missed, the right is as a rule lost, and the court takes this into account on its own initiative.

Although the mediation stage is often seen as a mere formality, a significant share of disputes are resolved at this stage. During the talks, the issues discussed include whether the employee genuinely wants to return to work, the amount the employer would be willing to pay instead of reinstating the employee, and whether other employment receivables will also be included in the settlement. For this reason, having realistically calculated the possible claims and the picture that could emerge if a lawsuit is filed before going to the mediation table makes it easier for the parties to make informed decisions.

Competent and authorized court

Reinstatement cases are heard by labor courts. In places where there is no labor court, the civil court of first instance hears the case in the capacity of a labor court. The lawsuit may be filed at the court of the defendant employer's place of residence or at the court of the place where the work was performed or the act took place. At the Bakırköy Courthouse as well, labor courts hear these cases.

What happens if the case is won?

If the court rules that the termination is invalid, the employee must apply to the employer within ten working days of the final judgment being served, stating that they wish to return to work. If this application is not made, the termination produces the consequences of a valid termination. Upon the employee's application, the employer must reinstate the employee within one month.

• If the employer does not reinstate the employee, the employee is paid job security compensation of at least four and at most eight months' wages.
• For the period during which the employee was not employed until the judgment became final, the employee is paid up to a maximum of four months of accrued wages and other entitlements.
• If the conditions are met, claims for severance pay and notice pay may also arise for an employee who is not reinstated.

If an agreement is reached during mediation to reinstate the employee, the law requires that the reinstatement date, the monetary amount of the wages and other entitlements for the period of unemployment, and the amount of compensation to be paid if the employee is not reinstated all be specified. If these elements are not specified, the agreement is deemed not to have been reached. If the employee does not start work on the agreed date, the termination becomes valid.

Common mistakes made by employees

• Signing a release form or resignation letter prepared by the employer without understanding its content.
• Filing a compensation lawsuit first and missing the reinstatement deadline.
• Miscalculating the termination date and exceeding the one-month period.
• Missing the ten-working-day application period after the reinstatement ruling.

In addition to the reinstatement claim, seniority, notice and other receivables may also need to be assessed separately; for this, you can look at our employee receivables lawsuit page and our article your rights when you are dismissed.

Our firm's support

Our firm follows the process on behalf of the employee or the employer, from reviewing the termination notice to mediation sessions, from proceedings before the labor court to the application for reinstatement following the judgment. For employers, we provide preventive counseling on preparing a termination in due form and on the process of obtaining the employee's defense.