As Akkas & Associates Law Firm, we provide comprehensive legal assistance in reemployment lawsuits in Turkey, representing both employees and employers since 1992. Unlawful termination remains one of the most common disputes brought before Turkish labor courts, and understanding the legal process is essential for protecting your rights.
Our lawyers explain when a reemployment lawsuit can be filed, the required conditions, legal timelines, court procedure, compensation rights, and practical considerations under Turkish Labor Law.
Table of Contents
- Core Conditions for a Reemployment Lawsuit
- The Mandatory Mediation Process
- Filing the Lawsuit: Time is Critical
- The Court’s Reinstatement Decision
- Compensation for Non-Reinstatement
- Reinstatement Lawsuits in Practice
- FAQs About Reemployment Lawsuits in Turkey
- Q1: Can I file a Reemployment Lawsuit if my contract was fixed-term?
- Q2: Is there an alternative if my workplace has fewer than 30 employees?
- Q3: How long does the Reemployment Lawsuit process take in 2025?
- Q4: Does winning the lawsuit mean I absolutely have to go back to my old job?
- Q5: What is the significance of the one-month mediation deadline?
- Contact us for Reemployment Lawsuit in Turkey
Filing a Reemployment Lawsuit (also known as İşe İade Davası) in Turkey, a critical area of Turkish Labor Law. As Akkas & Associates Law Firm, a leading full-service law firm in Istanbul since 1992, we provide professional and informative legal solutions in multiple languages.
Protecting employee rights against unjust or invalid terminations is paramount. This process ensures a terminated employee can be reinstated to their position or receive significant compensation.
Core Conditions for a Reemployment Lawsuit
Not every terminated employee is eligible to file a reemployment lawsuit in Turkey. Specific statutory conditions, primarily found in Article 18 of the Turkish Labor Law (Law No. 4857), must be met to benefit from job security provisions.
- Indefinite-Term Contract: The employee must be working under an indefinite-term employment contract. Fixed-term contracts generally do not qualify.
- Minimum Seniority: The employee must have worked for the employer for at least six months. This period is calculated based on the continuity of the employment relationship.
- Workplace Size: The employer’s workplace (or the entire enterprise if they have multiple workplaces in the same line of business) must employ 30 or more workers.
- Employer’s Representative Status: The employee must not be the employer’s representative who manages the entire business operation (e.g., General Manager with the authority to hire and fire).
- Invalid or Unstated Reason for Termination: The employer must have terminated the contract without a valid reason, or the termination notice must not clearly and precisely state the reason.
The burden of proof regarding the validity of the termination reason lies entirely with the employer.
The Mandatory Mediation Process
Before a lawsuit can be filed in the Labor Court, the employee must first go through the mandatory mediation process for labor disputes, as stipulated by Turkish law.
Application Deadline
The employee must apply to a mediator within one month of the date they received the written notice of termination. This is a forfeiture period, meaning the right to file the lawsuit is lost if this deadline is missed.
Mediation Outcomes
The mediation process aims for an amicable settlement. If an agreement is reached, the terms—including any agreed-upon compensation—are documented in a final report. If no agreement is reached after a maximum of three weeks (extendable by one week), a final “Disagreement Report” is issued. This report is the green light to proceed to litigation.
Filing the Lawsuit: Time is Critical
Once the mediation process has failed and the Disagreement Report is finalized, the clock starts ticking again.
Lawsuit Deadline
The employee must file the Reemployment Lawsuit in the competent Labor Court within a strict period of two weeks following the date the final mediation report was drawn up. Missing this deadline will lead to the dismissal of the case.
Key Claims
The lawsuit will primarily claim the invalidity of the termination and a request for reinstatement. The court’s primary role is to determine if the employer’s termination was valid according to Labor Law.
The Court’s Reinstatement Decision
If the Labor Court rules in favor of the employee, the termination is deemed invalid. This triggers a specific sequence of rights and obligations for both parties.
Employee’s Application to the Employer
Upon the finalization of the court’s decision, the employee has ten business days to apply to the employer with a request to be reinstated to their job. This application must be sincere and is best made via a Notary Public. Failure to apply within this 10-day period means the termination becomes legally valid, and the employee loses the right to be reinstated and to receive non-reinstatement compensation.
Employer’s Response Period
The employer has one month from the date of the employee’s timely application to either:
- Reemploy the worker: The employer must reinstate the employee to their former or a similar position under the original conditions.
- Refuse Reinstatement: If the employer chooses not to reinstate the employee, they must pay the employee specific, court-ordered compensation.
Compensation for Non-Reinstatement
If the employer chooses to deny the employee’s reemployment request within the one-month period, the employer is liable to pay two types of compensation:
- Idle Period Wages (Boşta Geçen Süre Ücreti): The employer must pay the employee their gross wages and other rights (such as benefits) for the period the employee was out of work due to the invalid termination. The law limits this period to a maximum of four months of wages.
- Job Security Compensation (İşe Başlatmama Tazminatı): This is compensation paid for the employer’s failure to reinstate the employee. The court determines this amount, which ranges between a minimum of four months and a maximum of eight months of the employee’s gross salary, based on the employee’s seniority and the invalidity reason.
Reinstatement Lawsuits in Practice
While the law aims for a quick resolution, the full process, including the appeal stages (if applicable) and the subsequent collection of compensation, can take time. Legal precedents from the Court of Cassation play a crucial role in the interpretation and application of these rules.
- Proof: The court will meticulously review the evidence presented by both sides. This includes the written termination notice, the employer’s internal policies, performance reviews, and the employee’s written defense (if one was requested prior to termination).
- The Last Resort Principle: Turkish Labor Law requires that termination for reasons related to the employee’s performance or the workplace’s needs must be the “last resort.” The employer must demonstrate that they explored all alternatives, like internal transfer or retraining, before dismissal.
FAQs About Reemployment Lawsuits in Turkey
Q1: Can I file a Reemployment Lawsuit if my contract was fixed-term?
A: Generally, no. Job security provisions in Turkey apply to employees working under an indefinite-term employment contract. If a fixed-term contract is repeatedly renewed without a valid, objective reason, it may be deemed an indefinite-term contract, allowing for a lawsuit.
Q2: Is there an alternative if my workplace has fewer than 30 employees?
A: Yes. If your workplace employs fewer than 30 people, you cannot file a Reemployment Lawsuit. However, you may still be entitled to file a lawsuit for Severance Pay, Notice Pay, and other statutory entitlements, and potentially claim “Bad Faith Compensation” if the termination was proven to be malicious or arbitrary.
Q3: How long does the Reemployment Lawsuit process take in 2025?
A: While the law provides for expedited proceedings, the total duration, including the mandatory mediation, the first instance court proceedings, and the appeal to the Court of Cassation (if necessary), can typically range from 18 to 30 months until a final decision is reached.
Q4: Does winning the lawsuit mean I absolutely have to go back to my old job?
A: No. Winning the lawsuit means the termination is deemed invalid. You must apply to the employer for reinstatement within 10 business days. However, the employer has the final option to refuse reinstatement, in which case they must pay the hefty Job Security Compensation (4 to 8 months’ salary) and the 4 months’ Idle Period Wages.
Q5: What is the significance of the one-month mediation deadline?
A: The one-month period following the termination notice is a forfeiture period. If the employee fails to apply to a mediator within this specific timeframe, they forfeit their right to file a Reemployment Lawsuit entirely, regardless of how unjust the termination was.
Contact us for Reemployment Lawsuit in Turkey
If your employment contract has been terminated and you seek justice through the Reemployment Lawsuit in Turkey, or require expert advice on Turkish Labor Law compliance as an employer, specialized legal counsel is essential.
Akkas & Associates Law Firm has been providing comprehensive labor and employment law services in Istanbul since 1992. Our multi-lingual legal team is prepared to guide you through the mandatory mediation and complex litigation process to secure your rights.
Our law firm is now one of the leading employment law firms in Istanbul, Turkey. You may reach us for a reemployment lawsuit in Turkey through our Contact page.
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