What is a Reinstatement Lawsuit?

What is a Reinstatement Lawsuit?

A reinstatement lawsuit is a legal action that employees can file to return to their former jobs if their employment has been unfairly or invalidly terminated by their employers. In a reinstatement lawsuit, the employee requests to be reinstated to the job from which they were unlawfully dismissed, and if found to be in the right, the court will rule in their favor.

Who can open it?

In order to file a lawsuit for reinstatement to employment;

• The plaintiff falls within the scope of labor law,
• Termination of the employment contract by the employer
• The workplace must have at least 30 employees.
• The employee must have at least 6 months of seniority.
• Not being an Employer's Representative
• Having completed the mediation process regarding the matter.

Both conditions must be met simultaneously.

Time Limit for Filing a Lawsuit

In order for an employee whose employment contract has been terminated to file a lawsuit for reinstatement, a period of time must first elapse from the date of notification of the termination of the employment contract. within one month, a request for reinstatement to work must be submitted to a mediator in accordance with the provisions of the Labor Courts Law. It is necessary to apply for mediation. If an agreement cannot be reached as a result of the mediation process, the employee may file a lawsuit in the labor court within two weeks from the date the final report is drawn up.

In which court is it filed?

In reinstatement cases, the competent court is the Labor Court of the place of residence of the defendant, whether a natural or legal person, at the time the lawsuit is filed, and the Labor Court of the place where the work or transaction was performed.Article 6)

Starting Work

If the court rules in favor of the employee in the reinstatement lawsuit, the court will order the employee's reinstatement. If, as a result of this decision, the employer does not reinstate the dismissed employee (upon application) within one month, the employer will be obligated to pay the employee compensation equivalent to at least four months' and at most eight months' wages.

What happens to the severance pay that has already been paid?

If the worker is reinstated, the wages for the notice period paid in advance and the severance pay will be deducted from the payment to be made according to the provisions of the paragraph above. If the worker is not reinstated and no notice period was given or the wages for the notice period were not paid in advance, the amount of wages for these periods will be paid separately. The worker is obliged to apply to the employer to start work within ten working days from the date of notification of the final court or private arbitration decision. If the worker does not apply within this period, the termination made by the employer will be considered a valid termination, and the employer will only be responsible for its legal consequences.

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