Employment Lawyer in Esenyurt

Under Article 18 of the Labor Law, three conditions must be met together for reinstatement protection: the workplace (or the same employer's several workplaces combined) must employ at least 30 workers, the employee must have at least 6 months of seniority, and the employment contract must have been terminated by the employer without a valid reason being shown. An application to mandatory mediation must be made within 1 month of service of the termination notice; this period is preclusive, and missing it leads to dismissal of the case without examination of the merits. If no agreement is reached in mediation, the lawsuit must be filed with the labor court within 2 weeks of the date of the final report. Because labor courts treat these as expedited matters, the trial proceeds relatively quickly; it can conclude at first instance within roughly 4-8 months, though the appellate review — whose decision is final — usually takes several more months. If the court finds the termination invalid, the employer must reinstate the employee within 1 month; if it does not, it becomes liable for compensation of 4-8 months' wages plus wages for the idle period (up to 4 months). The employee must apply to the employer to resume work within 10 business days of the judgment becoming final; if this period is missed, the termination may become valid — which is why the timeline of these steps should be planned together with a lawyer.