What Should an Employee Dismissed Unfairly Do?

An employee whose employment contract is terminated without a valid reason or in an unfair manner has more than one legal avenue available. Which one applies depends on the number of employees at the workplace and the employee's length of service.

Is the Dismissal Valid or Not?

Under Article 18 of Labour Law No. 4857, at workplaces employing thirty or more employees, the contract of an employee with at least six months' seniority may not be terminated by the employer without a valid reason. Employees meeting these conditions can bring a reinstatement claim.

The Reinstatement Claim and Its Deadline

Under Labour Law Art. 20, a reinstatement claim alleging invalid dismissal must be raised by applying to a mediator within one month of the termination notice being served; this is a procedural precondition, and missing the deadline means the reinstatement claim cannot be considered. If no settlement is reached in mediation, a lawsuit may be filed with the labour court within two weeks of the date the final mediation record is drawn up.

Employees Who Do Not Meet the Thirty-Employee Threshold

If the workplace employs fewer than thirty employees, or the employee has less than six months' seniority, job-security provisions do not apply; in that case the employee cannot claim reinstatement, but may claim notice and severance pay if the dismissal procedure was defective — for instance, if no notice period was given.

Compensation Rights

An employee facing unfair dismissal is entitled to severance and notice pay where the conditions are met. An employee who wins a reinstatement case but is not reinstated is additionally paid wages for the period not worked and a non-reinstatement compensation (Labour Law Art. 21).

Practical Recommendations

Keep the termination notice, any stated grounds, and documents showing the date of service; since the one-month mediation application deadline is strict, consulting a lawyer without delay helps prevent a loss of rights.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.