The employee, whose employment contract has been terminated. Is obliged to apply to the mediator in accordance with the provisions of the Labour Courts Law. With the claim that the reason is not given in the termination notice or the reason given is not a valid reason. Within one month from the date of notification of the termination notice. If no agreement is reached at the end of the mediation activity, a lawsuit can be filed at the labour court.
Within two weeks from the date of the final report. If the parties agree. The dispute may be submitted to a special arbitrator instead of the labour. Court within the same period. In case the lawsuit is rejected procedurally. Due to filing a lawsuit directly without applying to the mediator. Rejection decision shall be notified to the parties ex officio. The parties may apply to the mediator within two weeks following the official notification of the finalised rejection decision.
CONDITIONS FOR FILING A LAWSUIT FOR REINSTATEMENT
1. To be subject to the Labour Law
In order for the employee to file a reemployment lawsuit; he/she must be an employee working within the scope of the Labour Law.
2. Employee must have at least six months of seniority
Pursuant to Article 18/1 of the Labour Law. The employee must have at least 6 months of seniority in the workplace in order to request reinstatement. The six-month seniority of the employee is calculated by combining. Periods spent in one or different workplaces of the same employer.
3. Thirty or more employees are employed in the workplace
Another condition in the reinstatement case. Is the employment of 30 or more employees in the workplace of the terminating employer. On the date of termination. If the employer has more than one workplace in the same line of business. The number of employees working in the workplace is determined. According to the total number of employees working in these workplaces.
4. Being employed under an indefinite-term employment contract.
According to the Labour Law. Employment contracts signed between the employer and the employee. Can be arranged as fixed or indefinite term employment contracts. Since the employment contract will automatically. Terminate at the end of the period determined by the parties for the employees.
Working with a fixed-term employment contract, the employees working for a fixed-term do not have the right to file a reemployment lawsuit. Due to the nature of the work, even if there is an indefinite-term employment contract but a fixed-term. Contract is concluded, these contracts are considered indefinite-term.
5. The employment contract must be terminated unilaterally by the employer and without a valid reason.
Reinstatement lawsuit is brought against. The unfair termination of the employment contract by the employer. In order to file a lawsuit for reinstatement. The employment contract must be unilaterally terminated by the employer. If the employee terminates his/her employment contract based on just cause.
He/she will not be able to request reinstatement. Employee will only be able to file a reemployment. Claim if the termination made by the employer is not based on a valid reason. It is the employer who is obliged to prove that. The termination was made for a valid reason. If the employee claims that the termination is based on another reason. Then the burden of proof will be on the employee.
6. The employee does not have the status of employer’s representative or assistant employer’s representative.
Employer’s representatives and assistants. Who manage and administer the entire enterprise and the employer’s representatives. Who manage and administer the entire workplace and have the authority to hire and dismiss. The employee cannot file a reemployment lawsuit.
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