Determining the Type of Termination in Reinstatement Lawsuits: The Current Approach of the Turkish Court of Cassation
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Türeli & Ceylan Law Firm – Labour Law Department
Were you dismissed by your employer and believe it was unfair?
Don’t panic — Turkish Labour Law offers strong legal protections.
A reinstatement lawsuit is a powerful legal remedy that allows employees who were unjustly terminated to return to their job or, if not reinstated, to receive compensation and back pay for the period they were unemployed.
In this article, we explain the steps of filing a reinstatement lawsuit, who is eligible, how the process works, and how Türeli & Ceylan Law Firm can assist you every step of the way.
What Is a Reinstatement Lawsuit?
According to the Labour Law No. 4857, an employee with an open-ended employment contract who is dismissed without a valid reason has the right to file a reinstatement claim.
Legal basis:
- Labour Law No. 4857, Articles 18–21
- Mandatory mediation: Labour Courts Law No. 7036, Article 3
Eligibility Criteria for Filing a Reinstatement Claim
To be entitled to file a reinstatement lawsuit, all of the following conditions must be met:
- You must be employed under an indefinite-term contract
- You must have at least 6 months of employment with the employer
- The workplace must employ at least 30 workers
- You must have been dismissed without a valid reason
Labour Law Art. 18:
“In workplaces employing 30 or more workers, the employment contract of an employee with at least six months of service may not be terminated by the employer without a valid reason.”
Time Limit: The 30-Day Rule
You must apply for mediation within 30 calendar days from the date you were notified of the termination. Otherwise, your right to sue expires.
Labour Courts Law Art. 3:
“Before filing a lawsuit for reinstatement, applying to a mediator is mandatory. The period to apply is one month from the notification of dismissal.”
Step-by-Step Legal Process
- Apply for mediation
- If no settlement is reached, file a lawsuit within 2 weeks
- Court proceedings begin → evaluation of witness statements, documents, and dismissal grounds
- If the court finds the termination was unjust, it orders reinstatement
What Does a Reinstatement Decision Mean?
If the court rules in favour of the employee:
- If reinstated, the employee is entitled to up to 4 months’ wages for the period of unemployment
- If not reinstated, the employee is awarded compensation between 4 to 8 months’ salary
Labour Law Art. 21:
“If the employee is not reinstated, the employer shall pay compensation of at least four and up to eight months’ wages.”
Invalid Dismissal Grounds
Some reasons cited by employers may appear legitimate but are not legally valid dismissal grounds, including:
- Citing poor performance without evidence
- Dismissing an employee due to pregnancy or maternity leave
- Dismissing an employee for union membership
- Termination based on the employee exercising constitutional rights (e.g., the right to file a complaint)
In such cases, the court may deem the termination unjustified.
Frequently Asked Questions (FAQ)
Q: I won my reinstatement case, but the employer won’t take me back. What happens now?
A: The employer must pay the compensation set by the court plus up to 4 months’ back wages.
Q: Can I skip mediation and go straight to court?
A: No. Mediation is a mandatory prerequisite. Lawsuits filed without mediation are automatically dismissed.
Q: I was working under a subcontractor for the same company. Can I still file a reinstatement case?
A: It depends. The key is identifying the actual employer. A legal evaluation of your specific case is necessary.
