Application for reinstatement of the employee due to unjustified dismissal by the employer

1. General framework

Articles 18 to 21 of Labor Law No. 4857 regulate job security. The validity of dismissals by employers and the employee's right to reinstatement are assessed in accordance with these provisions. A reinstatement action is a legal remedy designed to review dismissals without just cause and ensure the employee's return to work.

2. Requirements for claiming job security

In order for an employee to file a reinstatement claim, the following conditions must be met, according to Article 18 of the Labor Code:

• At least 30 employees must be employed at the workplace.

• The employee must have at least 6 months of service with the same employer,

• (This seniority requirement does not apply to workers who work underground.)

• The employment contract must be permanent ,

• The employer must not have based the termination on an important reason .

3. Valid reason for termination

Valid reasons may include the employee's incompetence , behavior , or operational requirements of the job. However, discriminatory grounds such as union membership, race, gender, pregnancy, or vacation time use will invalidate the dismissal (Labor Code Article 18/3, Article 5).

The employer must notify the employee of the termination in writing and clearly state the reason for termination.

The burden of proof that the termination was for a valid reason lies with the employer. However, if the employee claims that the termination was for another reason, the burden of proof lies with the employer.

4. Deadline for filing a lawsuit

The employee must apply for reinstatement through mandatory mediation and file a reinstatement lawsuit within one month of receiving the notice of termination. This period is time-barred. If no agreement is reached during mediation, the employee can file a lawsuit with the labor court within two weeks and demand reinstatement.

If the employee files a lawsuit without requesting mediation, the court will dismiss the case on procedural grounds.

5. Consequences of legal proceedings, decisions and ineffective termination for the employer

The court will immediately examine the validity of the grounds for termination. If the termination is found to be invalid, the employer is obligated to rehire the employee within one month .

The employee must request reinstatement of the employment relationship with the employer within ten working days of notification of the final court or private arbitration decision. If the employee fails to submit this request within this period , the termination is deemed effective , and the employer bears sole responsibility for the legal consequences.

If the employer refuses to reinstate the employee, they must pay compensation of at least four and no more than eight months' salary . In addition, the employee must receive compensation for the period of inactivity (maximum four months) until a final decision is made.