Reinstatement Cases

Av. Orhun Türkoğlu

Reinstatement Cases; A type of lawsuit initiated by an employee who is employed under an indefinite-term employment contract within the scope of the Labor Law or the Press Labor Law, in cases where the employer terminates the employment contract without valid reason (unjustly), with the aim of reinstating the employee under the same conditions with the same employer.

To file a Reinstatement Lawsuit:

The employment contract must fall under the scope of the Labor Law or the Press Labor Law, The employment contract must be indefinite-term, The employment contract must be terminated by the employer without valid reason (unjustly), The workplace must employ thirty or more workers, The employee must have at least six months of seniority, The employee must not be in the status of an employer representative.

An employee who meets the above conditions can file a reinstatement lawsuit within one month from the date of written notification of termination.

If the court determines that the termination was unjust and orders the reinstatement of the employee, the employee must apply to the employer within ten business days to be reinstated. The employer must reinstate the employee within one month of the application for reinstatement. Otherwise, the employer must pay compensation to the employee in an amount equivalent to a minimum of four and a maximum of eight months’ wages.

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