Turkish Courts’ Precedent In Labor Lawsuits For Returning To Work

With the entry into force of the New Labor Code on 10 June 2003 ("Labor Code"), the former Labor Code of 1971 was abolished, with the exception of one article¹. Introduction of the Labor Code was mainly due to the directives of the International Labor Organization (ILO), as well as economic and social requirements.

Among the novelties introduced by the Labor Code is the possibility of dismissed employees to file lawsuits to be reinstated to work (işe iade davası). Accordingly, employees whose employment contracts are terminated are entitled to file a lawsuit to be reinstated to work, subject to certain conditions. The applicable conditions are set forth under Articles 18-21 of the Labor Code, as follows: