Reinstatement Actions in Türkiye: Conditions, Mediation and Time Limits

A reinstatement case is a case in which the employee, whose employment contract has been terminated by the employer, requests to return to work, claiming that the termination is invalid. This case is evaluated within the scope of job security provisions. The aim is to protect the employee in case the employer terminates the employment contract without a valid reason.

This path is not automatically implemented for every worker. Whether the worker is covered by job security, the number of workers in the workplace, seniority period, type of contract, content of the termination notice and whether the worker is considered to be the employer's representative are evaluated together.

Basic Conditions of Reinstatement Case

The general conditions include an indefinite-term contract, at least thirty employees, at least six months’ service and termination by the employer. Statutory exceptions and employer representatives excluded from dismissal protection must be assessed separately.

These conditions must be examined separately in the individual case. In particular, determining the number of workers, whether workplaces in the same line of business will be evaluated together, calculation of six-month seniority and the title of employer representative may create disputes in practice.

What Does Valid Reason for Termination Mean?

The employer must rely on a valid reason when terminating the employment contract of the employee covered by job security. Valid reason may arise from the worker's competence, behavior or the requirements of the enterprise, workplace or job.

Generic references to poor performance, misconduct or economic reasons may be insufficient. The ground should be specific, objective and supported by evidence. Written notice, a clear statement of reasons and any required opportunity for the employee to respond must also be considered.

Is Mediation Mandatory for Reinstatement?

It is a requirement to apply to a mediator before filing a lawsuit regarding reinstatement requests. The employee must apply to the mediator within the period specified by law after the notification of termination is notified. If the mediation process results in an agreement, the parties can agree on starting work, compensation, pay for the period out of work and other rights.

If an agreement cannot be reached, a final report is prepared and the litigation process is brought to the agenda. It is procedurally important to attach the final report to the lawsuit petition. If a lawsuit is filed directly without applying for mediation, there is a risk of procedural rejection due to the absence of a procedural prerequisite.

Deadlines for the Reinstatement Process

Since the periods in the reinstatement process are short and can lead to detrimental consequences, the date on which the termination notice is notified to the employee is decisive. The employee must apply to the mediator to request reinstatement within one month from the notification of termination.

If mediation ends without agreement, an action must be filed in the employment court within two weeks of the final mediation report. By agreement, the parties may refer the dispute to a private arbitrator within the same period. Statutory limitation and forfeiture periods do not run during mediation as provided by the applicable legislation.

What Does the Court Examine?

The court first examines whether the employee meets the conditions for filing a reinstatement lawsuit. It is then evaluated whether the termination is based on a valid reason. In terms of the burden of proof, it is important for the employer to reveal the reason for termination.

The employee may claim that the termination was based on another reason, for example, union reasons, discrimination, pregnancy, claiming employment claims or similar unlawful reasons. Evidence may include termination notice, payrolls, SSI records, workplace correspondence, performance evaluation forms, defense letters, warning letters, witness statements and workplace records.

What Happens If a Reinstatement Decision Is Made?

If the court decides that the termination is invalid, the employee's reinstatement comes to the fore. After the decision becomes final, the employee must apply to the employer within ten business days. If the employee does not apply in time, the employer's termination may be considered a valid termination and he/she may not benefit from the consequences of the reinstatement decision.

If the employer employs the employee within one month of the application, the employment relationship continues. If the employer does not reinstate the employee, the compensation for non-employment determined in the court decision and the consequences regarding wages and other rights incurred for up to four months will come to the fore.

Is Every Termination Subject to a Reinstatement Case?

Not every termination permits a reinstatement action. Contract type, probation, employee numbers, length of service and a statutorily excluded role as an employer representative may affect eligibility. Resignation, agreed termination and retirement also require separate assessment.

Particularly mutual rescission agreements require attention in practice. If the employee actually signed a termination agreement under pressure from the employer, this situation can be discussed with concrete evidence. However, not every termination is automatically considered invalid.

Risks to Consider in the Process

The biggest risk in the reinstatement process is missing deadlines. The second risk is the incomplete or incorrect determination of the subject of the request in the mediation application. The third risk is that the reason for termination, job security conditions and evidence are not stated clearly enough in the petition.

For the employer, it is risky if the termination process is not carried out in writing, concrete and documented. In case of terminations based on performance, absence, behavior or operational reasons, taking action without prior preparation may affect the outcome of the case.

Frequently Asked Questions