1. Definition and Nature of a Reinstatement Lawsuit
A reinstatement lawsuit is a type of lawsuit filed by an employee whose employment contract has been terminated without a valid reason, or with the claim that the stated reason is invalid, seeking a determination of the invalidity of the termination and reinstatement, in accordance with Articles 18, 20, and 21 of Labor Law No. 4857. In Supreme Court decisions, this lawsuit is defined as a legal process aiming for the determination of the invalidity of the termination and the reinstatement of the employee, or, if reinstatement is not possible, the payment of compensation.
The primary aim of the lawsuit is to ensure the continuation of the employment relationship by determining that the employer does not state a reason in the termination notice or that the stated reason is invalid. If the court rules that the termination is invalid, the employee gains the right to apply to the employer for reinstatement. If the employer fails to reinstate the employee within one month, the employee is entitled to “reinstatement compensation” amounting to at least four, but not more than eight months’ wages, and for the period of unemployment until the decision becomes final, for a maximum of four months, “wages for time spent unemployed” and other rights will be paid.
2. Conditions for Filing a Reinstatement Lawsuit
According to court decisions, for an employee to be able to file a reinstatement lawsuit and benefit from job security provisions, certain preconditions (conditions for the lawsuit) must be met simultaneously:
Indefinite Term Employment Contract: It is a condition that the employee’s employment contract is for an “indefinite term”. As a rule, employees working under fixed-term employment contracts cannot file a re-employment lawsuit. However, if there is no objective reason in consecutive fixed-term contracts, the contract may be considered indefinite term, and the right to sue may be granted.
Six-Month Seniority Requirement: The employee must have at least six months of seniority at the relevant workplace on the date the termination notice is given. In calculating this period, the employee’s cumulative periods of employment at one or different workplaces of the same employer are taken into account. Employees who have not completed six months of seniority do not have the right to benefit from job security.
Employment of Thirty or More Employees: The employer must employ a total of at least 30 employees across all workplaces in the same line of business. In determining the number of 30 employees, all employees are included, without distinction between definite-indefinite, full-part-time, or seasonal contracts. Subcontractor employees are not included in this number; however, if there is a collusive subcontracting relationship, these employees are also included in the count. Additionally, the number of employees of international companies abroad can also be taken into account under certain conditions.
Not Being an Employer’s Representative: Employer’s representatives and their assistants who manage and direct the entire enterprise, as well as employer’s representatives who manage and direct the entire workplace and have the authority to hire/fire employees, cannot file a re-employment lawsuit.
3. Filing Period and Procedure
An employee whose employment contract has been terminated must file a lawsuit within one month from the date of notification of termination. This period is a forfeiture period and is taken into account by the courts ex officio (on their own initiative). The period begins on the date the employer notifies the termination; the provision of a notice period does not postpone the start of the period to the end of the notice period. In the case of de facto termination (dismissal without notice), the period runs from the date of termination.
4. Secondary Sources and Additional Context
In light of judicial decisions and assessments that qualify as secondary sources, the following points provide additional context:
Termination for Union-Related Reasons: When union executives’ duties end, they have the right to request reinstatement within one month. Furthermore, whether or not it is covered by job security, in terminations made for union-related reasons, the invalidity of the termination and reinstatement can be requested.
Burden of Proof: The burden of proving that the termination is based on a valid reason rests with the employer. If the employee claims that the termination is based on another reason (e.g., union-related reason or discrimination), they are obliged to prove this claim.
Prohibition of Discrimination: In terminations made for discriminatory reasons such as pregnancy, although factors like the seniority requirement may be debatable, judicial authorities can rule for the invalidity of the termination and reinstatement.
Public and Municipal Employees: Workers employed in municipal subsidiaries or by subcontractors can also file a reinstatement lawsuit against the main employer or subcontractor, provided they meet the necessary conditions.
Case Becoming Moot: If the employer invites the worker back to work during the ongoing proceedings, it implies acceptance of the invalidity of the termination, and in this case, the lawsuit may become moot.
Conclusion: A reinstatement lawsuit is a type of lawsuit aiming for the invalidity of termination, which can be filed within 1 month from the date of termination notice by workers employed in workplaces with 30 or more employees, who have at least 6 months of seniority and are working under an indefinite-term contract. An article suggestion.
Why is Expert Lawyer Support Necessary in Reinstatement Lawsuits?
Reinstatement lawsuits are types of cases that are technical and allow no room for error, considering preclusive periods, burden of proof, procedural rules, and Supreme Court precedents. Therefore, handling the process with an expert labor law attorney from the beginning is critically important to prevent loss of rights.
Risk of Missing Preclusive Periods
In a reinstatement lawsuit, the 1-month application period is preclusive and is taken into account ex officio by the courts. If the period is incorrectly calculated or an application is made contrary to procedure, the lawsuit is dismissed without entering into the merits. Expert lawyer support ensures that the process is initiated on the correct date and with the correct procedure.
Correct Determination of the Legal Nature of the Termination Reason
Not every termination is considered “invalid”. The legal classification of allegations such as performance, conduct, operational reasons, union-related reasons, or discrimination, and the establishment of a suitable lawsuit strategy accordingly, are essential. Otherwise, the employee may have to settle for compensation only, instead of reinstatement.
The Importance of Burden of Proof and Evidence Strategy
While the burden of proof generally rests with the employer in reinstatement lawsuits, the employee has an obligation to present evidence regarding specific reasons they allege (union-related termination, discrimination, etc.). An expert lawyer presents elements such as witness selection, written evidence, and SSI records in accordance with Supreme Court criteria.
Comprehensive Claiming of Compensation and Receivables
Incomplete or erroneous claiming of non-reinstatement compensation (4–8 months’ wages), wages for time spent unemployed (maximum 4 months), and other employee receivables can lead to irreversible loss of rights. Professional legal support ensures that all claim items are correctly requested.
Mastery of Local Practices and Supreme Court Precedents
In reinstatement lawsuits, local court practices and the Supreme Court’s current precedents are of great importance. Especially in cases heard in metropolitan areas and industrial zones, these differences directly affect the outcome.
Professional Legal Support in Reinstatement Lawsuits in Tuzla and Istanbul
2M Law Firm, operating in re-employment lawsuits and labor law disputes on the Anatolian Side of Istanbul, especially in the Tuzla region, handles re-employment lawsuits as follows:
In light of current Supreme Court decisions
In a manner that eliminates the risks of losing rights
Strategically and in a results-oriented manner.
