Employee’s Reinstatement Case
The employee whose employment contract has been terminated must apply to the mediator in accordance with the provisions of the Labor Courts Law within one month from the date of notification of the termination notice with the claim that no reason was given in the termination notice or that the reason given was not a valid reason. If no agreement is reached at the end of the mediation activity, a lawsuit can be filed at the labor court within two weeks from the date of the final report. If the parties agree, the dispute may be submitted to a special arbitrator instead of the labor court within the same period. In the event that the lawsuit is procedurally rejected due to filing a lawsuit directly without applying to the mediator, the rejection decision shall be notified to the parties ex officio. The finalized rejection decision can also be applied to the mediator within two weeks from the official notification.
CONDITIONS FOR FILING A REINSTATEMENT LAWSUIT
1. Being subject to the Labor Law
In order for the employee to file a reemployment lawsuit; he/she must be an employee working within the scope of the Labor Law.
2. The employee must have at least six months of seniority
Pursuant to Article 18/1 of the Labor Law, the employee must have at least 6 months of seniority in the workplace in order to request reinstatement. Six months of seniority of the worker shall be calculated by combining the periods spent in one or different workplaces of the same employer.
3. Thirty or more workers are employed in the workplace
Another condition for reinstatement is the employment of 30 or more workers in the workplace of the terminating employer on the date of termination. If the employer has more than one workplace in the same line of business, the number of employees working in the workplace is determined according to the total number of employees working in these workplaces.
4. Working under an indefinite-term employment contract
According to the Labor Law, employment contracts signed between the employer and the employee can be arranged as fixed or indefinite term employment contracts. As the employment contract will automatically terminate at the end of the period determined by the parties for the employees working with a fixed-term employment contract, the employees working for a fixed term do not have the right to file a reemployment lawsuit. Due to the nature of the work, even if there is an indefinite-term employment contract but a fixed-term contract is concluded, these contracts are considered indefinite-term.
5. The employment contract must be terminated unilaterally by the employer and without a valid reason.
The reemployment lawsuit has been brought against the unfair termination of the employee by the employer. In order to file a lawsuit for reinstatement, the employment contract must have been unilaterally terminated by the employer. If the employee terminates his/her employment contract for just cause, he/she will not be able to request reinstatement. The employee will only be able to file a reemployment claim if the termination by the employer is not based on a valid reason. It is the employer who is obliged to prove that the termination was made for a valid reason. If the employee claims that the termination is based on another reason, then the burden of proof will be on the employee.
6. The employee does not have the status of employer’s representative or assistant employer’s representative
The employer’s representatives and assistants who direct and manage the entire enterprise and the employer’s representatives who direct and manage the entire workplace and have the authority to hire and fire employees cannot file a reemployment lawsuit.
