The reinstatement lawsuit is filed by submitting the lawsuit petition to the authorised and competent court. If the employee is deemed justified in the reinstatement case, that is, if the lawsuit filed by the employee is accepted, the termination of the employment contract made by the employer for invalid reasons is deemed invalid and the reinstatement of the employee is decided. The employee must apply to the employer to start work within ten working days from the notification of the court’s decision on the invalidity of the termination and the reinstatement of the employee.
Until the finalisation of the decision given in the reemployment case, the court will decide to pay the wages and other rights of the employee up to a maximum of four months for the period during which the employee is not employed. However, if the employee does not apply to the employer with a request for reinstatement within the time limit (10 working days from the notification of the finalised court decision on the invalidity of the termination to the employee), the right to claim for the idle time wage and other rights will not arise. The employee will be entitled to this compensation even if he/she starts working in another workplace. Starting to work in a different workplace does not prevent the employee from receiving this compensation.
The employer will either reinstate the employee who has applied to him within 30 days from this date or pay the legally deserved compensation. There is an optional right here. The employer is free to reinstate the employee or pay the compensation.
In the event that the employer starts work: The employer must pay the employee a maximum of 4 months’ wages for the idle period and other rights. Other rights are monetary rights such as bonuses, food allowance, travelling allowance covering a maximum period of 4 months.
In case the employer does not employ the employee; In the event that the labour court decides that the termination is invalid, the employer must employ the employee within one month from the date of receipt of the employee’s application. Otherwise, he/she must pay compensation to the employee in the amount of at least four and at most eight months gross wages.
REJECTION OF THE LAWSUIT
The reinstatement lawsuit filed by the employee before the labour court may not be found appropriate by the labour court for various reasons. In such cases, the court rejects the reemployment lawsuit filed by the employee. If the reinstatement lawsuit is rejected, the court accepts that the termination made by the employer is based on a valid and justified reason in accordance with the law. In this case, the employee is obliged to pay the costs of the proceedings and the legal attorney fee in cases where the other party is represented by an attorney.
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