Unfairly Dismissed, What Should I Do? Reinstatement Lawsuit and All Your Rights
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 “I was unfairly dismissed, what are my rights?” 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.
What is a Reinstatement Lawsuit?
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.
These cases, Labour Law No 4857’is set out in articles 18 to 21 of the.
What are the Conditions for a Reinstatement Lawsuit?
In the event of unfair dismissal, certain basic conditions must be met for the employee to be able to file a reinstatement lawsuit:
There must be at least 30 workers employed at the workplace.
If the employer has more than one workplace in the same line of business, the total number of workers is taken into account.
The employee must have a minimum of 6 months' service
The 6-month requirement is not sought for those working in underground works.
The employment contract must be for an indefinite period
It is not possible to file a re-employment lawsuit under fixed-term contracts.
Termination must be made by the employer
Resignation of the employee, mutual agreement and similar situations do not fall within the scope of reinstatement.
The employment contract must have been terminated without a valid reason.
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.
What should the procedure for terminating the contract be?
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.
You can access the detailed legal regulation via this link:
🔗 Labour Law Article 19 – Notice of Termination and Requesting a Defence
How does the process work in a reinstatement lawsuit?
- From the notification of the termination notice within a month Mediation should be applied for.
- If the mediation process results in a negative outcome, Within two weeks A lawsuit must be filed.
- If the worker wins the lawsuit, following the finalisation of the judgement within 10 days must apply to the employer and request reinstatement.
- Upon this application, the employer within a month He is obliged to start the worker.
What Happens If the Employer Does Not Let the Employee Start Work?
If the employer fails to reinstate the employee following a reinstatement lawsuit, despite a court ruling:
- compensation for not starting work amounting to a gross salary of not less than 4 and not more than 8 months,
- compensation for up to four months of idle time,
- Underpaid severance and notice pay,
- An entitlement to unemployment benefit may arise.
How is Interest Applied in Reinstatement Lawsuits?
- The highest rate of interest applied to deposits shall be applied to unpaid wages relating to the period of idle time.
- Statutory interest is applied to compensation for not reinstating someone to employment.
- The start of interest is considered to be the date on which the request to commence work is made.
Does Working Another Job Prevent a Lawsuit?
No. Working in another job while a reinstatement lawsuit is ongoing does not prevent the filing or winning of the lawsuit. However, the earnings obtained from this job may affect the calculation of compensation for not reinstating or other rights.
How long does a lawsuit take to conclude?
Reinstatement lawsuits generally 4 to 12 months results in. If an agreement is reached during the mediation stage, the process becomes even shorter. The appeal and cassation stages, however, can prolong this process.
I Won a Reinstatement Lawsuit, What Should I Do?
Upon the finalisation of the court judgement within 10 days You must make a written application to the employer (preferably via a notary public). If the employer does not take you back to work, you can claim compensation for failure to reinstate, remuneration for the idle period, and other employment receivables. For these receivables, you need to initiate mediation again and subsequently file a lawsuit for receivables.
Which Court has Jurisdiction and Authority?
The competent court is the labour court of the place where the employer's headquarters are located or where the work is performed. In places where there is no labour court, the court of first instance of civil jurisdiction has jurisdiction.
Court Expenses and Legal Fees
A reinstatement claim is subject to a fixed fee, and litigation costs are at a low level. However, since the subsequent receivable claim to be filed after the failure to reinstate is proportional in value, costs may increase. Attorney fees, on the other hand, to the Attorneys' Law No. 1136 and the minimum wage tariff is determined according to.
Result: Don't Hesitate to Claim Your Rights in Case of Unfair Dismissal
If the dismissal is unlawful, through a reinstatement lawsuit you can both return to your job and win significant financial rights. It is not always legal for your employer to dismiss you without compensation. Therefore, the process without delay from an employment and social security law expert Carrying it out with support will prevent your losses.
