Reinstatement Lawsuit in Izmir: Conditions, Process and Mandatory Mediation

Job security is a legal protection given to workers against arbitrary termination of their employment contract. If a worker covered by this protection has their contract terminated without a valid reason, they can seek reinstatement through a lawsuit. In this article, we discuss in detail the conditions for job security, the mandatory mediation process, burden of proof rules, potential outcomes of the lawsuit and the practice in Izmir.

Job Security and Conditions

Several conditions must be met simultaneously to be able to file a reinstatement lawsuit:

• Number of employees: At least thirty workers employed at the workplace,
• Seniority: The worker must have at least six months of seniority,
• Contract type: Working under an open-ended employment contract,
• Not an employer's representative: Not being an employer's representative with authority to manage the whole enterprise and hire/fire workers,
• Absence of valid reason: The termination not being based on a valid reason.

The distinction between a valid reason and a justified reason is important. A justified reason is a serious cause requiring immediate termination without compensation. A valid reason relates to the worker's competence or business requirements and is of a lesser nature, which allows a reinstatement lawsuit. If termination is made without a valid reason, the worker may benefit from job security provisions.

Mandatory Mediation Process

Before a reinstatement lawsuit can be filed, the mandatory mediation phase must be completed; this is a prerequisite for the lawsuit. Application to a mediator is mandatory within one month from the notification of dismissal to the worker. If this deadline is missed, the lawsuit will be dismissed for lack of prerequisite. The application is made through the Mediation Office at Izmir Courthouse. After initiation, the mediator generally concludes the process within three weeks (extendable once by up to one week). If the parties agree, the minutes are signed and no lawsuit is needed. If no agreement is reached, the lawsuit must be filed at the Labour Court within two weeks from the last minutes.

Burden of Proof and Trial Phase

The distribution of the burden of proof in reinstatement lawsuits differs from general labour cases. As a rule, the burden of proving that the termination was based on a valid reason falls on the employer. However, if the worker asserts a reason for the termination, the burden of proving that this reason did not occur shifts to the worker. The dismissal notice must be in writing and the valid reason must be specifically stated; obtaining the worker's defence is mandatory for reasons related to the worker's own conduct or performance. A reason not stated in the dismissal notice cannot be asserted in the lawsuit.

Consequences of the Lawsuit

If the lawsuit concludes in the worker's favour, the court orders reinstatement. The worker also earns the right to wages for the idle period from dismissal to the date the ruling becomes final, up to a certain maximum. After the reinstatement ruling becomes final, the worker must notify the employer within the statutory deadline that they wish to start work. If the employer does not reinstate the worker, they must pay a failure-to-reinstate compensation determined according to seniority. This compensation is generally set at several months' worth of wages. If the worker does not apply within the deadline, the termination becomes valid.

Process in Izmir

Reinstatement lawsuits in Izmir are heard at the Labour Courts at Izmir Courthouse (Bayraklı). Mandatory mediation applications are made through the Mediation Office at the same courthouse. For more on severance and notice pay processes, severance, notice pay and mediation in Izmir, you can review our article. For mediation processes, our Izmir mediation services are available.

Frequently Asked Questions

For legal support on reinstatement lawsuits and labour law processes, contact Yücesoy Law Office via our contact page.