Consultixa Law Firm’s employment law attorneys are prepared to represent employers in connection with virtually every aspect of the employment relationship including the reemployment lawsuit in Turkey.
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Regulations on labor law are mainly contained in Labor Law No. 4857. Therefore, in case of a legal dispute, this law should be looked at first.
Requirements for Reemployment Lawsuits in Turkey
The worker must file a reemployment lawsuit at the authorized Turkish Labor Court within one month following the notification of the notice of termination, pursuant to Article 20 of the Labor Law, with the claim that no reason was given in the termination notice or that the reason shown was not a valid reason.
According to the provision of the article, it is clear that the date on which the termination was notified should be taken as a basis, not the date of termination.
For this reason, the one-month disqualification period begins to run from the date of notification of the termination, not from the date of termination at the end of the notice period. Since this period is a period of disqualification, it is taken into account by the court ex officio.
In order for the worker to file a reemployment lawsuit in Turkey, at least thirty workers must work in the entire enterprise, with an indefinite-term employment contract, and at least 6 months of seniority in that workplace according to the insurance records.
Even if the employer has paid all kinds of legal rights of the worker together with the termination (notice, severance pay, annual leave, overtime wage, etc.), this does not prevent the worker from filing a reemployment lawsuit in Turkey.
What are the Conditions for Turkish Reemployment Lawsuits?
It is sufficient for the employee to request and file a reemployment lawsuit in Turkey. Since the compensation and idle time wages due to the invalidity of the termination are in the nature of determination, the amount of monthly wages will be determined and no provision will be made regarding the amount of compensation and collection.
The worker can apply to the employer in person to start work, or he can communicate his will to start working through mediation (a notary public or registered letter with a return receipt or through a proxy). As long as this application can be made before the ten-day period has passed.
How Does the Return to Work Process Work?
If the employer does not start work within one month when he applies to the employer with a request for re-employment within ten working days, he is obliged to pay the employee a job security compensation amounting to at least four months and a maximum of eight months’ wages.
When the worker, upon the decision of reemployment, files a second lawsuit, after applying to the employer, for the determination of wages and other rights up to 4 months for the period of vacancy that has become due and to be determined as a quantity, the rights to be paid should be calculated by the accounting expert and a judgment should be established.
In addition, the relative decision fee and attorney’s fee should be decided by considering the value.
If the employer reemploys the employee after the reemployment lawsuit has been filed, before the lawsuit is concluded, then the lawsuit will be void. According to the Supreme Court; The employee’s entitlement to wages for the idle time depends on the conditions of the invalidity of the termination and the employee’s application to the employer for reemployment in due time.
In this case, the court cannot decide on the invalidity of the termination in case, which remains without issue, and the wage of a maximum of four months for the period of non-employment, since no decision on reemployment has been given.
The Importance of the Reemployment Trial Lawyer
According to the Supreme Court; In cases where reemployment and severance – notice pay are claimed together with the labor rights due to the termination of the employment contract, it will be decided to separate the cases first and a holding issue will be made in the case demanding severance-notice compensation until the result of the reemployment lawsuit is finalized.
In accordance with the regulation of the law, the period for which it is decided to pay wages and other legal rights is up to four months; notice must be taken into account in the calculation of severance pay and annual paid leave. In other words; 4 (four) months will be added to the service period when the worker who is not started to work even though he won the reemployment lawsuit, files a lawsuit for severance and notice compensation.
It should be noted that the invalidity of the termination and the finding of a new job by the worker requesting reemployment during the idle period does not affect the invalidity of the termination and reinstatement. There is no such regulation in the law, and there is no rule stating that this time will be deducted from idle time in case of working.
As a result, the employee can evaluate the job opportunities after filing a reemployment lawsuit. First of all, the right to work is a constitutional and fundamental right, and it cannot be considered that the worker should not work until the case is concluded due to the lawsuit filed by the worker. In this process, if the worker wins the case, his wages for up to 4 months must be paid uninterruptedly.
Reach us for Reemployment Lawsuit in Turkey
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Our law firm is now one of the leading employment law firms in Istanbul, Turkey. You may reach us for a reemployment lawsuit in Turkey through our Contact page.