A reinstatement lawsuit is a lawsuit filed to ensure the return of an employee whose employment contract has been unfairly and invalidly terminated. The fundamental basis for the employee’s right to file this lawsuit is the Labor Law No. 4857. This right is regulated to ensure that employees have job security and are protected against unfair terminations.
Reinstatement Lawsuit Requirements
Certain conditions must be met in order for a lawsuit to be filed. These conditions are important for an employee to gain the right to file a lawsuit. The conditions for a reinstatement lawsuit are explained in more detail below:
Being Subject to the Labor Law
This lawsuit applies to employees subject to the Labor Law No. 4857. Employees who fall within the scope of this law can benefit from job security. Employees subject to special laws outside the Labor Law, such as sea workers and journalists, must seek their rights within the framework of their own special laws.
At Least 30 Workers Working in the Workplace
In order to file a lawsuit, at least 30 employees must be working in the workplace. In determining the number of employees, employees working in all units where the workplace operates are taken into account. If the employer has more than one workplace in the same business, the total number of workers working in these workplaces is taken into account.
At least 6 Months of Seniority
The worker must have at least 6 months of seniority in the same workplace. This 6-month period is calculated from the date the worker starts working at the workplace. However, in some cases, workers working with a fixed-term employment contract and special situations such as a trial period may be exempted from this seniority requirement.
Indefinite-Term Employment Contract
This lawsuit can be filed by workers with an indefinite-term employment contract. It is not possible to file a reinstatement lawsuit for fixed-term employment contracts. Whether the worker’s contract is fixed-term or indefinite-term is evaluated according to the content of the contract and the nature of the job.
No Valid Reason for Termination
The employer must base the termination of the employment contract on a valid reason. Valid reasons may arise from the worker’s behavior, performance, or the requirements of the business, workplace, or job. If there is no valid reason for termination, the worker may file the lawsuit. For example, in terminations based on the employee’s inadequate performance, it must be proven that the performance was evaluated according to objective criteria.
Written Termination Notification
When terminating the employment contract, the employer must provide the termination notice in writing and clearly and precisely state the reason for termination. If no written termination notice is provided or if the reason for termination is not specified, the termination may be deemed invalid and the employee will have the right to file a reinstatement lawsuit.
Completion of the Mediation Process
Before filing a reinstatement lawsuit, a mediation process is mandatory. The employee must first apply to a mediator after receiving the termination notice. If an agreement cannot be reached as a result of the mediation process, the employee may file a lawsuit by applying to the labor court with the mediation report. The mediation process can last a maximum of 3 weeks and this period can be extended by one more week if the parties agree.
Time to File a Reinstatement Lawsuit
The employee must apply to a mediator within 1 month from the date the employment contract was terminated. It is mandatory to apply to a mediator before filing a reinstatement lawsuit. In cases where the mediation process fails, the employee has a certain period of time to file a reinstatement lawsuit. The employee must file a lawsuit in the labor court within 2 weeks from the date the mediation dispute report is prepared. If the lawsuit is not filed within this period, the employee’s right to request reinstatement ends.
Is Mediation Mandatory in Reinstatement Cases?
According to the regulations made in the Labor Law, it is mandatory to apply to a mediator before filing a reinstatement lawsuit. If an agreement cannot be reached during the mediation process, a mediation dispute report is prepared. The employee must file the lawsuit in the labor court within 2 weeks from the preparation of this report.
Results of Reinstatement Cases
Employee’s Starting Work: If the employee is reinstated by a court decision, the employer must start the employee in the same position and under the same conditions. The employee’s starting work ensures that the rights he/she previously had in the workplace are protected.
Compensation: If the employer does not reemploy the employee despite the court decision, he/she must pay the determined compensation. In addition, the employee is paid for the time spent idle.
Is it mandatory to hire a lawyer for the reinstatement case?
This case can be filed by the employee. The employee can file a lawsuit through his/her lawyer or by directly applying to the labor court. The employee must state in the petition that the termination notice is based on invalid reasons, the compensation amounts, perform the necessary work and procedures during the mediation and litigation process, make the necessary applications as a result of the lawsuit, etc. Therefore, it is important for the employee to receive legal assistance and follow the case with a lawyer in order not to suffer any loss of rights.
How Long Does the Reinstatement Case Take?
When the mediation and court processes are evaluated together, it can take an average of 2 years in total for the reinstatement case to be concluded and the decision to become final.
This period may vary depending on the stages of the litigation process and the applications of the parties.
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