Conditions and Process for a Reinstatement Lawsuit in Turkey (Step by Step)
Reinstatement requires at least 30 employees at the workplace, at least 6 months of seniority for the employee, and an invalid termination. A mediation application must be filed within 1 month of the notice of termination.
You have been dismissed from your job and believe the termination was unjust. A reinstatement lawsuit is the strongest tool of job security — but it is subject to strict conditions and a very short time limit.
Conditions for a Reinstatement Lawsuit
- At least 30 employees must be working at the workplace (all of the employer's workplaces in the same line of business are counted together).
- The employee must have at least 6 months of seniority.
- The employment contract must be for an indefinite term.
- The termination must not be based on a valid reason arising from the employee's competence, conduct, or the operational requirements of the business.
- The employee must not hold the position of an employer's representative (managing the business as a whole).
The Process, Step by Step
Step 1 — Mediation (within 1 month)
An application must be filed with the mediation office within 1 month of the service of the notice of termination. This period is preclusive; if missed, the right to sue is lost.
Step 2 — Lawsuit (within 2 weeks)
If no agreement is reached in mediation, a lawsuit must be filed with the labor court within 2 weeks of the date the final mediation record is drawn up.
Step 3 — Trial
The court examines whether the termination was based on a valid reason. The burden of proof lies with the employer — the employer must prove that the termination was valid.
Step 4 — Enforcement of the Decision
After the reinstatement decision becomes final, the employee must apply to the employer within 10 working days; the employer must reinstate the employee within 1 month.
What Is Obtained if the Case Is Won?
| Item | Amount |
|---|---|
| Wages for the period out of work | Up to 4 months' gross wages + entitlements |
| Reinstatement-failure compensation | 4-8 months' gross wages (if not reinstated) |
| Severance/notice pay differences | The period out of work is added to the seniority period |
Examples of Valid and Invalid Termination
- Invalid: Union activity, exercising the right to complain, pregnancy, a performance-based termination without the employee's defense being taken, "low performance" without any objective criteria.
- May be valid: Documented absenteeism where the employee's defense was taken, verified misconduct at the workplace, a genuine position elimination based on objective criteria.
Summary
- Conditions: 30 employees + 6 months of seniority + invalid termination
- Critical deadline: mediation within 1 month of the termination
- The burden of proof lies with the employer
- Outcome: return to work + wages for up to 4 months out of work + (if not reinstated) 4-8 months' compensation
Sources
- Labor Law No. 4857, Arts. 18-21 — Job security
- Labor Courts Law No. 7036, Art. 3 — Mediation as a prerequisite for suit
Frequently Asked Questions
This article has been prepared for general information purposes only and does not constitute legal advice. Legislation and case law may change; always consult a lawyer about your specific case.