{"id":9948,"date":"2025-05-08T21:08:14","date_gmt":"2025-05-08T21:08:14","guid":{"rendered":"https:\/\/azelhukuk.com\/?p=9948"},"modified":"2025-05-08T22:14:37","modified_gmt":"2025-05-08T22:14:37","slug":"your-rights-in-the-event-of-unfair-dismissal-and-reinstatement-lawsuits","status":"publish","type":"post","link":"https:\/\/azelhukuk.com\/en\/haksiz-isten-cikarma-durumunda-haklariniz-ve-ise-iade-davasi\/","title":{"rendered":"Your Rights in the Event of Unfair Dismissal and Reinstatement Lawsuits"},"content":{"rendered":"
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Unfairly Dismissed, What Should I Do? Reinstatement Lawsuit and All Your Rights<\/h2>

The termination process can create serious uncertainty and victimisation for employees, especially when this termination occurs without a valid reason... The answer to the question \u201cI was unfairly dismissed, what are my rights?\u201d often begins with a reinstatement lawsuit. In this article, what a reinstatement lawsuit is, its conditions, procedures, and the compensation employees are entitled to in the event of unfair dismissal are discussed in all aspects.<\/span><\/p>

What is a Reinstatement Lawsuit?<\/b><\/h3>

A reinstatement lawsuit is a type of legal action brought by an employee in order to return to work in cases where the employer terminates the employment contract without a valid reason. Through this lawsuit, the employee, wishing to benefit from job security, demands to be reinstated or, if not reinstated, to be paid certain compensation.<\/span><\/p>

These cases, Labour Law No 4857<\/a>\u2019is set out in articles 18 to 21 of the.<\/p>

What are the Conditions for a Reinstatement Lawsuit?<\/b><\/h3>

In the event of unfair dismissal, certain basic conditions must be met for the employee to be able to file a reinstatement lawsuit:<\/span><\/p>

There must be at least 30 workers employed at the workplace.<\/b><\/h4>

If the employer has more than one workplace in the same line of business, the total number of workers is taken into account.<\/span><\/p>

The employee must have a minimum of 6 months' service<\/b><\/h4>

The 6-month requirement is not sought for those working in underground works.<\/span><\/p>

The employment contract must be for an indefinite period<\/b><\/h4>

It is not possible to file a re-employment lawsuit under fixed-term contracts.<\/span><\/p>

Termination must be made by the employer<\/b><\/h4>

Resignation of the employee, mutual agreement and similar situations do not fall within the scope of reinstatement.<\/span><\/p>

The employment contract must have been terminated without a valid reason.<\/b><\/h4>

Factors such as the employee's incompetence, behaviour, or economic reasons of the workplace may be considered valid. However, these reasons must be concrete and proven.<\/span><\/p>

What should the procedure for terminating the contract be?<\/b><\/h3>

The employer must terminate the employment contract in writing and provide a clear, definitive reason. If the termination is based on the employee's behaviour or performance, the termination cannot be carried out without taking their defence. Otherwise, the termination shall be deemed invalid.<\/span><\/p>

You can access the detailed legal regulation via this link:<\/span>
<\/span> \ud83d\udd17 Labour Law Article 19 \u2013 Notice of Termination and Requesting a Defence<\/a><\/span><\/p>

How does the process work in a reinstatement lawsuit?<\/b><\/h3>
  1. From the notification of the termination notice within a month<\/strong> Mediation should be applied for.<\/span><\/li>
  2. If the mediation process results in a negative outcome, Within two weeks<\/strong> A lawsuit must be filed.<\/span><\/li>
  3. If the worker wins the lawsuit, following the finalisation of the judgement within 10 days<\/strong> must apply to the employer and request reinstatement.<\/span><\/li>
  4. Upon this application, the employer within a month<\/strong> He is obliged to start the worker.<\/span><\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
    \n\t\t\t\t
    \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"\"\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
    \n\t\t\t\t
    \n\t\t\t\t\t\t\t\t\t

    What Happens If the Employer Does Not Let the Employee Start Work?<\/b><\/h3>

    If the employer fails to reinstate the employee following a reinstatement lawsuit, despite a court ruling:<\/span><\/p>