A reinstatement lawsuit is a legal remedy under the job security provisions of the Turkish Labor Law that allows an employment contract terminated without valid cause to be restored in the employee's favor. This lawsuit is not, however, available to every employee in every termination scenario; the law requires certain conditions to be met before job security protections apply.
Below is a general overview of the conditions that must be met together for a reinstatement lawsuit to be filed. Further detail on the mediation stage of the process and the consequences of the lawsuit is addressed in a separate article.
✧ Table of Contents
What Conditions Are Required to Fall Within Job Security Protection?
Under Article 18 of the Labor Law, benefiting from job security protections, and therefore the right to file a reinstatement lawsuit, requires several conditions to be met together. The absence of any one of these conditions prevents a reinstatement lawsuit from being filed.
What Is the Thirty-Employee Requirement?
Filing a reinstatement lawsuit requires the employer to employ thirty or more employees within the same line of business. Where the employer operates multiple workplaces within the same line of business, the total number of employees across those workplaces is taken into account when determining whether the threshold of thirty is met. Employees at workplaces with fewer than thirty employees generally do not benefit from job security protections.
What Is the Six-Month Seniority Requirement?
The employee must have at least six months of seniority with the same employer. In calculating seniority, periods during which the employee worked at different workplaces of the same employer are also combined and taken into account. Employees who have not completed six months of seniority cannot benefit from the right to file a reinstatement lawsuit; for employees in underground work, however, this seniority requirement does not apply.
What Is the Indefinite-Term Contract Requirement?
Job security provisions apply only to employees working under an indefinite-term employment contract. Employees working under a fixed-term contract that is terminated before its expiry may pursue different legal remedies, but as a rule cannot file a reinstatement lawsuit.
What Is the 'Not an Employer's Representative' Requirement?
Employer representatives who direct and manage the entire enterprise, along with their assistants, and employer representatives who direct and manage an entire workplace and hold the authority to hire and dismiss employees, are excluded from the scope of job security provisions. Individuals in these positions cannot file a reinstatement lawsuit asserting the invalidity of their termination.
What Is the 'Termination Without Valid Cause' Requirement?
Where an employee meeting the conditions above has their employment contract terminated by the employer without a valid cause arising from the employee's competence or conduct, or from the requirements of the enterprise, the workplace, or the job, the employee may file a reinstatement lawsuit asserting the invalidity of the termination. Even where a valid cause is stated, whether that cause genuinely existed in the specific case must still be assessed, bearing in mind that the burden of proof rests with the employer.
Under Article 19 of the Labor Law, the employer must give the termination notice in writing and state the ground for termination clearly and precisely; where the termination is based on the employee's conduct or performance, the contract may not be terminated without first taking the employee's defence. Failure to observe these formal requirements renders the termination invalid even if the stated ground is true.
Frequently Asked Questions
What are the deadlines for seeking reinstatement? Under Article 20 of the Labor Law, the employee must apply to a mediator within one month of being served the termination notice; if no agreement is reached, the lawsuit must be filed with the labour court within two weeks of the date the final minutes were drawn up. These are preclusive periods, and a reinstatement claim will not be heard if they are missed.
What happens if the lawsuit succeeds? If the court rules the termination invalid, the employee must apply to the employer within ten working days of the judgment becoming final; if the employer does not reinstate the employee within one month, it must pay non-reinstatement compensation of four to eight months' wages, as set by the court, together with up to four months' wages for the period of idleness (Article 21). An employee who is reinstated is also paid for the idle period.
How does the reinstatement process work in İzmir? The mediation application is made to the İzmir Mediation Bureau at the İzmir Courthouse in Bayraklı; the lawsuit is heard by the labour courts at the same courthouse and, by law, is handled with priority under an expedited procedure. The process is explained in detail in our article on reinstatement lawsuits and mediation in İzmir. Anyone seeking information may review our İzmir employment lawyer page; our office in Konak provides support in labour law matters across İzmir.
Av. Mehmet Yücesoy
İzmir Attorney & Legal Consultancy
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