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Re-employment Lawsuits

October 2014 - Corporate & Commercial. Legal Developments by Baspinar & Partners Law Firm.

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The Labor Law numbered 4857 regulates the relationship between the employee and the employer. In this article the re-employment lawsuits will be explained in the light of Turkish Law.

In accordance with the Labor Law; if the employer terminates the employment contract for an invalid reason, the employee may sue the employer. There are some necessary conditions to file a re-employment lawsuit.

       i.         The employee should be working as defined under the Labor Law,

     ii.         The indefinite term employment contract between the employer and the employee,

    iii.         Termination of the employment contract by the employer,

    iv.         Invalid reason for the termination,

      v.         The employee’s six months work in the workplace,

    vi.         At least 30 or more employees should be working in the workplace,

   vii.         Termination based on an invalid reason,

 viii.         Not being a representative of the employer.

Besides these, the employee must file a re-employment lawsuit within one month following the date of receiving the notice of termination letter. On the other hand, the employer is obliged to prove that the termination based on a valid reason. However the burden of proof is on the employee if the employee claims that the termination is based on a different reason from the reason given by the employer for termination.

According to the accelerated trial procedure, the case must be concluded within two months. In case of an appealed decision, the Court of Appeal gives the final decision within one month.

The employee may request to return to work and the termination to be invalidated. The court examines the re-employment terms and termination reasons. In case the court concludes that the termination is based on an invalid reason, the employee is obliged to re-engage the employee or be liable to pay the compensation.

The employee should apply to the employer within 10 working days from the notice of court decision. Subsequently the employer should re-engage the employee within one month from this application. If the employee does not make any application within ten days, termination will be deemed to valid. As we mentioned, if the employer does not want the employee start to work, the employer will pay the compensation. This compensation is not less than the employee’s four months wages and not more than the employee’s eight months wages.

If the case is dismissed, the employee is liable for the legal expenses. At this point, the employee may request the unpaid severance and notice pay and other fees from the employer with a separate lawsuit.

Consequently if the employee has the conditions for re-employment lawsuits and the termination of the employment contract is based on an invalid reason, the Labor Law allows employees to be re-employed and to be paid compensations for days off.