Turkish labor law allows employers to dismiss employees only under certain conditions. The conditions under which it is legal to terminate an employment contract and dismiss an employee can be summarized as follows under Labor Law No. 4857. If these conditions are valid, it may not be possible to file a reinstatement lawsuit:
Poor Performance: If the employee's performance at the workplace is poor and this situation is not corrected, the employer may terminate the employee's employment.
Workplace Theft or Indisciplinary Behavior: If the employee commits theft or engages in indisciplinary behavior in the workplace, the employer may terminate the employee's employment.
Closure of the Workplace: If the employer has decided to close the workplace, the employee may be dismissed.
Health Reasons: If the worker is unable to continue working due to health reasons, the employer may terminate the worker's employment
Death of the Worker: In the event of the death of the worker, the employment contract is terminated.
Active Military Service: In case of active military service (compulsory military service as a patriotic duty), the employment contract may be terminated.
Marriage of a Female Worker: If a female worker's employment contract is terminated within one year from the date of her marriage, her employment contract will be terminated.
Dismissal for the purpose of receiving old-age, retirement and invalidity pensions: If the employee terminates the employment contract for the purpose of receiving old-age, retirement and invalidity pensions, the employment contract is terminated.
These situations represent general situations where dismissal is legal.
On the other hand, if the incompetence or behavior of the employee is the reason for the termination of the employment contract, the employer must take the defense of the employee. For the details of this issue, you can review our other blog post titled " Taking the Defense of the Employee ".
What are the Options for a Dismissed Employee to File a Wrongful Termination Lawsuit?
The options of a dismissed employee to file a reinstatement lawsuit or a "wrongful termination lawsuit" are regulated in Article 20 of the above-mentioned Labor Law No. 4857. According to this article, in workplaces where 30 or more employees work, the employment contract of an employee who has at least 6 months of seniority and who works with an indefinite-term employment contract is terminated by the employer without a valid reason or if the reason shown is not valid, the employee is obliged to apply to the mediator within 1 month from the date of notification of termination. If no agreement is reached at the end of the mediation activity, a lawsuit can be filed at the labor court within two weeks from the date of the final report.
In the reinstatement case, issues such as whether the termination is based on a valid reason, whether the employee will be reinstated if the reinstatement is decided, and the compensation to be paid to the employee if the employee is not reinstated are evaluated.
In the reinstatement case, if it is determined that the termination is not based on a valid reason, the employer must reinstate the employee within one month. If the employer does not reinstate the employee, the employer is obliged to pay the employee a job security indemnity of at least 4 and at most 8 months' salary.
- Compensation lawsuit Before filing a lawsuit for reinstatement, the employee may apply to the employer for the payment of compensation such as notice pay, severance pay, severance pay, compensation for not starting work. If the employer fails to pay these compensations, the employee may file a lawsuit for compensation.
- Other lawsuits If the employer has acted unfairly in terminating the employment contract, the employee may also file a claim for moral damages against the employer. This lawsuit can be filed in case of an attack on the personal rights of the employee.
The reinstatement lawsuit is the most preferred option for the employee. In order to file this lawsuit, the employee must meet certain conditions. These conditions are as follows:
- 30 or more workers must be employed in a workplace.
- Must work under an indefinite-term employment contract.
- Must have at least 6 months of seniority.
- The employer must not base the termination on a valid reason or the reason shown must not be valid.
In the event that the employee is justified in the reemployment lawsuit, the employer must reinstate the employee. If the employer fails to reinstate the employee, the employer is obliged to pay the employee a job security indemnity of at least 4 and at most 8 months' salary.
Period for Filing a Reemployment Lawsuit
The period for filing a reinstatement lawsuit is also regulated in the aforementioned Labor Law No. 4857. Accordingly, "the employee whose employment contract has been terminatedmay file a lawsuit before the labor court within one month "from the date of notification of the termination notice with the claim that no reason was given in the termination notice or that the reason given was not a valid reason".
In other words, the beginning of the period for filing a reemployment lawsuit is the date of notification of termination to the employee. The notice of termination must be made in writing to the employee. The reason for termination must be clearly stated in the notice. If the reason for termination is not stated or contains abstract expressions, the termination is deemed not to be based on a valid reason.
It is mandatory to apply to a mediator before filing a reemployment lawsuit. Mediation negotiations are held with the aim of creating a basis for a compromise to ensure the continuation of the employment contract of the parties. If an agreement is reached as a result of the mediation talks, the parties must comply with this agreement.
If no agreement is reached as a result of the mediation negotiations, the employee may file a reinstatement lawsuit. In the reinstatement lawsuit, issues such as whether the termination is based on a valid reason, whether the employee will be reinstated if it is decided to reinstate the employee, and the compensation to be paid to the employee if the employee is not reinstated are evaluated.
In the reinstatement case, if it is determined that the termination is not based on a valid reason, the employer must reinstate the employee within one month. If the employer does not reinstate the employee, the employer is obliged to pay the employee a job security indemnity of at least 4 and at most 8 months' salary.
The period for filing a reinstatement lawsuit is a forfeiture period. If this period is exceeded, the right of the employee to file a reemployment lawsuit disappears.
If you have been wrongfully terminated, you can contact the experienced labor and employment lawyers at Fidelis Law Office to learn about and evaluate your legal options. As labor law is a complex area, Fidelis Law Office's experienced lawyers will guide you through the process.
