Reinstatement Claims: Conditions, Time Limit and Consequences

Author: Att. Ahmet Bertuğ Dönmez Date: 11 September 20261 min read

Job security restricts the employer from terminating an open-ended employment contract without a valid reason. An employee dismissed without a valid reason may seek reinstatement.

Who is covered?

• Employees at workplaces with thirty or more employees
• With at least six months of service
• Working under an open-ended contract
• Who are not employer representatives (Labour Law No. 4857, Art. 18)

The employer bears the burden of proving that the termination was based on a valid reason (Art. 20). The termination notice must be in writing and state the reason clearly and precisely (Art. 19).

Time limit: one month

The employee must apply to a mediator within one month of notification of termination. If mediation fails, a case can be filed at the labour court within two weeks of the final mediation report (Art. 20; Law No. 7036, Art. 3).

Consequences of the decision

If the court finds the termination invalid, the employee must apply to the employer to return to work within ten working days of notification of the final decision. If the employer does not reinstate the employee within one month, it pays compensation of at least four and at most eight months' wages, plus up to four months' wages for the period the employee was not employed (Art. 21).

Sources

• Labour Law No. 4857, Arts. 18–21
• Labour Courts Law No. 7036, Art. 3