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Employment Law

Reinstatement Lawsuits in Türkiye: Conditions, Process and Outcomes

2 min read

If your employment contract has been terminated and you believe the stated reason is not valid, a reinstatement lawsuit is one of your strongest legal remedies under Turkish law. It is, however, subject to strict conditions and short deadlines.

Who Can File a Reinstatement Lawsuit?

To benefit from job security provisions, three conditions must be met together:

  • The workplace must employ at least 30 employees.
  • The employee must have at least 6 months of seniority with that employer.
  • The contract must be for an indefinite term and terminated by the employer.

Employer representatives who manage the entire enterprise cannot benefit from this protection.

How Does the Process Work?

You must apply to a mediator within one month of receiving the termination notice; this deadline is preclusive. If no agreement is reached at mediation, a lawsuit must be filed before the labour court within two weeks of the final mediation report.

The court examines whether the dismissal was based on a valid reason. The burden of proof lies with the employer, who must concretely demonstrate that the dismissal arose from the employee's competence, conduct, or the requirements of the business.

What Happens If You Win?

If the court rules the dismissal invalid, you must apply to your employer requesting reinstatement within ten business days of the final judgment being served. If the employer does not reinstate you within one month, it must pay:

  • Non-reinstatement compensation of four to eight months' wages, and
  • Idle time wages of up to four months for the period you were not employed.

Practical Tips

When signing a termination notice, check whether it contains an acceptance statement beyond a simple acknowledgement of receipt. If a conduct-based dismissal was carried out without taking your defence, this is strong ground for invalidity. Given the short deadlines, we recommend consulting a lawyer as soon as you receive the notice.

This article is for information purposes only and does not constitute legal advice. Contact our team about your specific situation.