Reinstatement Claims in Yalova: Conditions, Time Limits and Consequences

An employee whose employment contract has been terminated by the employer may seek reinstatement if the statutory conditions are met. The time limits are very short, and missing them can lead to loss of rights. This article offers a general overview for employees and employers in Yalova; it does not replace an assessment of your specific case.

1. Conditions for a reinstatement claim

Under Labour Law No. 4857, Art. 18, the following must all be present:

• The workplace employs thirty or more employees.
• The employee has at least six months' seniority.
• The contract is for an indefinite term.
• The employer has not relied on a valid reason arising from the employee's competence or conduct, or from the requirements of the enterprise, workplace or work.

These provisions do not apply to employer representatives who manage the entire enterprise or workplace and have authority to hire and dismiss.

2. What is not a valid reason

The law states that the following in particular are not valid reasons for termination: trade-union membership or activity, acting as a workplace union representative, applying to administrative or judicial authorities against the employer to pursue one's rights, reasons such as race, colour, sex, marital status, family responsibilities, pregnancy, childbirth, religion or political opinion, absence during legally prohibited employment periods for women, and temporary absence due to illness or accident within the waiting period set by law.

3. Termination procedure

The employer must give notice in writing and state the reason clearly and precisely. For reasons related to the employee's conduct or performance, the contract cannot be terminated without taking the employee's defence (Art. 19). Taking a defence does not remove the employer's right of immediate termination for serious misconduct (Art. 25/II).

4. Time limits: mediation first, then court

• Within one month of service of the notice of termination, the employee must apply to a mediator with a reinstatement request (Art. 20).
• If mediation fails, a lawsuit may be filed at the labour court within two weeks of the final report.
• If a lawsuit is filed without mediation, it is dismissed on procedural grounds; within two weeks of the service of the final dismissal decision, a mediator may be approached.

See our article on mediation before filing and the Yalova guide.

5. Burden of proof

The burden of proving that the termination rested on a valid reason lies with the employer. If the employee claims another reason (for example a union-related or discriminatory one), the employee must prove it.

6. If the court finds the termination invalid

• The employer must reinstate the employee within one month.
• If the employer does not, it pays compensation of four to eight months' wages, as set by the court.
• Up to four months' wages and other rights for the period without work until the ruling becomes final are also payable.
• If the employee does not apply to the employer within ten working days of service of the final ruling, the termination is deemed valid.

If the parties agree in mediation on reinstatement, the start date, the monetary amounts and the compensation payable if reinstatement does not occur must be set out; otherwise no agreement is deemed reached (Art. 21).

7. What to do

If you received a notice of termination, keep the date of service and your documents, and seek legal advice before the limits run. You can create an appointment or reach us via the contact page. Our office also provides mediation services.

This article is for general information only and is not legal advice.