Reinstatement Lawsuit & Employee Rights in Wrongful Termination


What Is a Reinstatement Lawsuit?

A reinstatement lawsuit is a legal action that an unjustly dismissed employee can file to be reinstated to their job. According to the Turkish Labor Law (Articles 18-22, 29 of Law No. 4857), an employer can only terminate an employee’s contract under valid and legal reasons. If the termination lacks just cause, the employee has the right to file a reinstatement claim.

Conditions for Filing a Reinstatement Lawsuit

An employee can only file a reinstatement lawsuit if the following conditions are met:

  • The employee must have worked for at least 6 months.
  • The workplace must have 30 or more employees.
  • The employee must have been working under an indefinite-term contract.
  • The termination must be without a justified reason.
  • The employee must apply to mediation within 1 month after termination.
  • If mediation fails, the employee must file the lawsuit within 2 weeks.

If these conditions are not met, the employee cannot file for reinstatement but may still claim severance pay or notice compensation.

How Long Does a Reinstatement Lawsuit Take?

Labor laws specify that a reinstatement lawsuit should be finalized within 2 months, and if appealed, the Supreme Court should decide within 1 month. However, due to court workload, document review, and investigation phases, this process often takes longer in practice.

Where to File a Reinstatement Lawsuit?

  • The lawsuit must be filed in the labor court in the location of the workplace.
  • In rural areas where no labor courts exist, the case can be filed in a civil court of first instance.

For professional legal assistance in reinstatement lawsuits and labor disputes, contact Üner Law Office in Alanya via uner.av.tr.

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